Legal Opinion
Potts v. Orlando Building Service, Inc.
District Court of Appeal of Florida
Decided January 29, 1968No. 1608PublishedCited by 4 opinions
1Opinion of the Court
WALDEN, Chief Judge.
Defendants, Jewell S. Potts, Jr., and his wife, Elsie Mae Potts, bring an interlocutory appeal from an order which denied their motion to dismiss plaintiff’s complaint *222for the enforcement of a mechanics lien. We reverse.
The much amended complaint fails to allege that the affidavit required by Section 84.061(3) (d), F.S.196S, F.S.A. as a prerequisite to institution of suit has been filed.
Such an omission is jurisdictional in nature 1 and requires that the complaint be dismissed.2
Reversed.
CROSS and McCAIN, JJ., concur.. Brown v. First Federal Sav. & Loan Assoc.,…
2Cases cited3 opinions
- Brown v. First Federal Sav. & L. Ass'n of New SmyrnaDistrict Court of Appeal of Florida · 1964
- Oper v. Russell, Inc.District Court of Appeal of Florida · 1967
- Halifax Construction Co. v. Chastain Groves, Inc.District Court of Appeal of Florida · 1966
3Cited by4 opinions
- Mardan Kitchen Cabinets, Inc. v. BrunsDistrict Court of Appeal of Florida · 1975
- Falovitch v. GUNN & GUNN CONST. CO.District Court of Appeal of Florida · 1977
- Herman v. Bob Woschnik Construction, Inc.District Court of Appeal of Florida · 1976
- Oppenheim v. NEWPORT SYSTEMS DEV. CORP.District Court of Appeal of Florida · 1977