Legal Opinion

McMahan Construction Co. v. Carol's Care Center, Inc.

District Court of Appeal of Florida

Decided December 20, 1984No. 83-1140PublishedCited by 7 opinions

1Opinion of the Court

SHARP, Judge.

McMahan Construction Company, Inc. (McMahan) appeals from the dismissal of its amended complaint against Carol’s Care Center, Inc., for failure to deliver to the owner (appellee), five days before filing this suit, the affidavit required by sections 713.06(3)(d) and 713.05, Florida Statutes (1983).1 In. its order, the trial court also denied McMahan’s motion to file a second amended complaint wherein it alleged that an affidavit in compliance with section 713.-06(3)(d) had been filed after the filing of this lawsuit, but more than five days before the motion to amend was filed.…

2Cases cited18 opinions

  1. Youngker v. StateDistrict Court of Appeal of Florida · 1968
  2. Mardan Kitchen Cabinets, Inc. v. BrunsDistrict Court of Appeal of Florida · 1975
  3. Askew v. County of VolusiaDistrict Court of Appeal of Florida · 1984
  4. Falovitch v. GUNN & GUNN CONST. CO.District Court of Appeal of Florida · 1977
  5. Hardee v. RichardsonSupreme Court of Florida · 1950

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3Cited by7 opinions

  1. Holding Elec., Inc. v. RobertsSupreme Court of Florida · 1988
  2. J. Batten Corp. v. Oakridge Inv. 85, Ltd.District Court of Appeal of Florida · 1989
  3. Coquina, Ltd. v. Nicholson Cabinet Co.District Court of Appeal of Florida · 1987
  4. Bishop Signs, Inc. v. MageeDistrict Court of Appeal of Florida · 1986
  5. Holding Electric, Inc. v. RobertsDistrict Court of Appeal of Florida · 1987

2 more not listed; retrieve them via the Exa API.

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