E. V. Construction Co. v. Newman

SCHWARTZ, Judge.

In an action to impress and foreclose a mechanic’s lien, the trial court found against the plaintiff-appellant, a general contractor, solely because it admittedly did not serve the appellees with a notice to owner under Section 713.06(2)(a), Fla.Stat. (1979). We conclude that Section 713.05, which requires no such notice, is instead controlling in the present factual situation and therefore reverse the judgment below.

The operative facts are entirely undisputed. On May 1, 1978, United Five, Inc., which was then engaged in the development and sale of several single-family resi*292den…