Shores of Indian River, Inc. v. Gart Urban Associates, Inc.

District Court of Appeal of Florida

Shores of Indian River, Inc. v. Gart Urban Associates, Inc.

478 So. 2d 893, 10 Fla. L. Weekly 2671, 1985 Fla. App. LEXIS 17126

CourtDistrict Court of Appeal of Florida

DecidedDecember 4, 1985

DocketNos. 85-976, 85-977

StatusPublished

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This text of 478 So. 2d 893 (Shores of Indian River, Inc. v. Gart Urban Associates, 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.

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Shores of Indian River, Inc. v. Gart Urban Associates, Inc., 478 So. 2d 893, 10 Fla. L. Weekly 2671, 1985 Fla. App. LEXIS 17126 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

We deny the petitions for writ of certio-rari on the authority of McMahan Construction Company v. Carol’s Care Center, Inc., 460 So.2d 1001 (Fla. 5th DCA 1984), which decision we adopt and approve. We believe the facts of that case, as well as the similar facts involved herein, are distinguishable from prior cases on the issue of the filing of a contractor’s affidavit as a condition to maintaining an action for foreclosure of a mechanic’s lien. See, [894]*894e.g., Leader Mortgage Co. v. Rickards Electric Service, Inc., 348 So.2d 1202 (Fla. 4th DCA 1977).

ANSTEAD and GLICKSTEIN, JJ., and BARKETT, ROSEMARY, Associate. Judge, concur.

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PER CURIAM.

We deny the petitions for writ of certio-rari on the authority of McMahan Construction Company v. Carol’s Care Center, Inc., 460 So.2d 1001 (Fla. 5th DCA 1984), which decision we adopt and approve. We believe the facts of that case, as well as the similar facts involved herein, are distinguishable from prior cases on the issue of the filing of a contractor’s affidavit as a condition to maintaining an action for foreclosure of a mechanic’s lien. See, [894]*894e.g., Leader Mortgage Co. v. Rickards Electric Service, Inc., 348 So.2d 1202 (Fla. 4th DCA 1977).

ANSTEAD and GLICKSTEIN, JJ., and BARKETT, ROSEMARY, Associate. Judge, concur.

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478 So. 2d 893, 10 Fla. L. Weekly 2671, 1985 Fla. App. LEXIS 17126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shores-of-indian-river-inc-v-gart-urban-associates-inc-fladistctapp-1985.

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