Davis Engineering, Inc. v. Purcel

WALDEN, Chief Judge.

Plaintiff in an action for foreclosure of a mechanic’s lien here appeals an order granting defendants’ motion to dismiss. We affirm.

The complaint alleged that plaintiff, based on an oral or implied contract with defendants, furnished “labor, services, or materials consisting of engineering plans, designs, and specifications.”

Defendants filed their motion to dismiss the complaint for failure to state a cause of action because the plaintiff failed to allege that it had given them a statement under oath that all lienors had been paid in accordance with F.S.A. § 84.061(3) (d)…