Ronal Builders, Inc. v. Powell Bros.

District Court of Appeal of Florida

Ronal Builders, Inc. v. Powell Bros.

328 So. 2d 869, 1976 Fla. App. LEXIS 13991

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 1976

DocketNo. 75-492

StatusPublished

Cited by1 cases

This text of 328 So. 2d 869 (Ronal Builders, Inc. v. Powell Bros.) 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.

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Ronal Builders, Inc. v. Powell Bros., 328 So. 2d 869, 1976 Fla. App. LEXIS 13991 (Fla. Ct. App. 1976).

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Opinion

DOWNEY, Judge.

We have fully considered the appellate points raised and conclude that they are without merit.

Appellant contends that the lien involved herein is a fraudulent lien as provided in § 713.31(2) (b), F.S.1973. Such a defense is an affirmative one and must be pleaded. That was not done here. See Midway Shopping Mall, Inc., v. Airtech Air Con., Inc., Fla.App.1971, 253 So.2d 900.

Since appellee had not completed the contract the final payment was not due and the affidavit requirement of § 713.-06(3) (d)(1) is inapposite. Appellee was entitled to a lien for so much of the con[870]*870tract price as was unpaid less the final payment or 10%, whichever was greater.

For the foregoing reasons we affirm the judgment appealed from.

AFFIRMED.

OWEN, J., and DRIVER, B. J., Associate Judge, concur.

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