Legal Opinion · Dissent

Fleitas v. Julson, Inc.

District Court of Appeal of Florida

Decided March 19, 1991No. 90-1797Published

1DissentGersten, Judge

I respectfully dissent. I think the trial court was correct in ruling that appellee Julson, Inc. (Julson), was a “laborer” and thus, exempt from the notice requirements of section 713.06(2)(a), Florida Statutes (1989) of the Mechanics’ Lien Law.

As the majority points out, section 713.-01(9), Florida Statutes (1989), defines a “laborer” as:

[A]ny person other than an architect, landscape architect, engineer, land surveyor, and the like who, under properly authorized contract, personally performs on the site of the improvement labor or services for improving real property and does not furnish…

2Cases cited3 opinions

  1. Village of El Portal v. City of Miami ShoresSupreme Court of Florida · 1978
  2. Sprinkler Fitters v. FITR SERV.District Court of Appeal of Florida · 1984
  3. In Re Estate of BauerDistrict Court of Appeal of Florida · 1964

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