Shores of Indian River, Inc. v. Gart Urban Associates, Inc.

Full title: THE SHORES OF INDIAN RIVER, INC., A DISSOLVED FLORIDA CORPORATION…

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 4, 1985

478 So. 2d 893 (Fla. Dist. Ct. App. 1985)

Opinion

Nos. 85-976, 85-977.

December 4, 1985.

Consolidated petitions for writ of certiorari to the Circuit Court, Indian River County; Charles E. Smith, Judge.

Louis B. Vocelle, Jr. of Moss, Henderson Lloyd, P.A., Vero Beach, for petitioners.

Alan R. Stone of Goldberg, Semet, Lickstein Morgenstern, Coral Gables, for respondent.

PER CURIAM.

We deny the petitions for writ of certiorari on the authority of McMahan Construction Company v. Carol's Care Center, Inc., 460 So.2d 1001 (Fla. 5th DCA 1984), which decision we adopt and approve. We believe the facts of that case, as well as the similar facts involved herein, are distinguishable from prior cases on the issue of the filing of a contractor's affidavit as a condition to maintaining an action for foreclosure of a mechanic's lien. See, e.g., Leader Mortgage Co. v. Rickards Electric Service, Inc., 348 So.2d 1202 (Fla. 4th DCA 1977).

ANSTEAD and GLICKSTEIN, JJ., and BARKETT, ROSEMARY, Associate Judge, concur.