Koehler Electrical Supply Co. v. Berkley

BERANEK, Judge.

We are called upon here to determine whether a mechanic’s lien was timely foreclosed. Appellant recorded a claim of lien on August 16,1976, and filed a complaint to foreclose the lien on August 16, 1977. The trial court dismissed the action with prejudice for failure to enforce the lien within one year. We reverse.

The applicable mechanic’s lien statute provides:

“No lien provided by part I shall continue for a longer period than 1 year after the claim of lien has been recorded, unless within that time an action to enforce the lien is commenced.” Fla.Stat. Sec. 713.22(1).

The…