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Potts v. Orlando Building Service, Inc.

206 So. 2d 221, 1968 Fla. App. LEXIS 6014
CourtDistrict Court of Appeal of Florida
DecidedJanuary 29, 1968
DocketNo. 1608
StatusPublished
Cited by4 cases

This text of 206 So. 2d 221 (Potts v. Orlando Building Service, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Potts v. Orlando Building Service, Inc., 206 So. 2d 221, 1968 Fla. App. LEXIS 6014 (Fla. Ct. App. 1968).

Opinion

WALDEN, Chief Judge.

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]*222for 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.

CROSS and McCAIN, JJ., concur.

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Related

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Bluebook (online)
206 So. 2d 221, 1968 Fla. App. LEXIS 6014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potts-v-orlando-building-service-inc-fladistctapp-1968.