Potts v. Orlando Building Service, Inc.
206 So. 2d 221, 1968 Fla. App. LEXIS 6014
District Court of Appeal of Florida·Decided January 29, 1968·No. No. 1608·Published·Cited by 4 cases
Opinion
Defendants, Jewell S. Potts, Jr., and his wife, Elsie Mae Potts, bring an interlocutory appeal from an order which denied their motion to dismiss plaintiff’s complaint [222] for the enforcement of a mechanics lien. We reverse.
The much amended complaint fails to allege that the affidavit required by Section 84.061(3) (d), F.S.196S, F.S.A. as a prerequisite to institution of suit has been filed.
Such an omission is jurisdictional in nature 1 and requires that the complaint be dismissed.2
Reversed.
Footnotes
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Potts v. Orlando Building Service, Inc., 206 So. 2d 221, 1968 Fla. App. LEXIS 6014 (Fla. Ct. App. 1968).
206 So. 2d 221 (Potts v. Orlando Building Service, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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