Legal Opinion
Wool Wholesale Plumbing Supply, Inc. v. Abdo
District Court of Appeal of Florida
Decided December 13, 1978No. 77-1579PublishedCited by 4 opinions
1Opinion of the Court
SCHWARTZ, ALAN R., Associate Judge.
The plaintiff appeals from the dismissal with prejudice of its first amended complaint in an action for the foreclosure of an alleged materialman’s lien. The trial court dismissed the case upon a determination that the face of the pleading revealed that the plaintiff had not timely filed a notice to owner within 45 days of first delivery as required by § 713.06(2)(a), Fla.Stat. (1975). We hold that the complaint properly alleged (a) that the notice was in fact timely filed and (b) that the plaintiff was entitled to recovery notwithstanding late notice…
2Cases cited11 opinions
- Crane Co. v. FineSupreme Court of Florida · 1969
- Harry Pepper & Associates, Inc. v. LasseterDistrict Court of Appeal of Florida · 1971
- Alton Towers, Inc. v. Coplan Pipe & Supply Co.Supreme Court of Florida · 1972
- Continental Cas. Co. v. ASSOC. PLASTICSDistrict Court of Appeal of Florida · 1977
- Harry Pepper & Associates, Inc. v. LasseterSupreme Court of Florida · 1971
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3Cited by4 opinions
- Royal v. ClemonsDistrict Court of Appeal of Florida · 1981
- Ringling Bros.-Barnum & Bailey Combined Shows, Inc. v. HartDistrict Court of Appeal of Florida · 1980
- Dublin Co. v. Brady Sales, Inc.District Court of Appeal of Florida · 1980
- First Nationwide Savings v. Dual Mortgage Co.District Court of Appeal of Florida · 1987