Moretrench Corp. v. Bronson & Veal Enterprises, Inc.

WALDEN, Judge.

Plaintiff failed to give the owner notice that he had recorded a mechanic’s lien. That was in direct violation of Ch. 713.06 (2) (a), F.S.1969, F.S.A., which requires notice be given the owner within forty-five days of cessation of furnishing materials and services.

When plaintiff later tried to foreclose his lien, the trial court dismissed his amended complaint with prejudice solely due to his noncompliance with the above requirement. We disagree and reverse.

This case is controlled by Crane Co. v. Fine, Fla.1969, 221 So.2d 145, and its interpretation of Ch. 713.06(3) (c) 4,…