[Download] "John T. Wood Homes v. Air Control Products" by First District. District Court of Appeal of Florida " eBook PDF Kindle ePub Free
eBook details
- Title: John T. Wood Homes v. Air Control Products
- Author : First District. District Court of Appeal of Florida
- Release Date : January 29, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
We are here concerned with an interpretation of Section 84.061, Florida Statutes, F.S.A., the same being a part of the mechanics lien law. Appellant owners contractor abandoned construction of the three homes prior to completion. After abandonment, the owner procured an affidavit from the contractor setting forth the names of each subcontractor, materialman and supplier and the amounts due each. From the contract price, the owner deducted the amount required to complete the construction together with the sum of the previously made proper payments and attempted to prorate the balance among the various lien claimants. The proration was not accomplished, and the owner filed this action against all lien claimants. Settlement was amicably made as to each defendant except appellee, Air Control Products, Inc. With its motion for summary judgment, appellee filed an affidavit which set forth that the owner had failed to file a notice of abandonment. The plaintiff-owner filed a countering affidavit stating that defendant had actual knowledge of the abandonment. The chancellor held that since the owner failed to record with the clerk of the circuit court a notice of abandonment, the plaintiff-owner is not permitted to reduce the contract price by the amount of the cost of completion of construction and that the balance due under the contract was sufficient to pay defendant who was awarded a mechanics lien to the full extent of its claim in the sum of $299.15 plus attorneys fees.