Marks Landscape & Paving Co. v. R.P.B. Industrial Park, Inc.
Docket: Nos. 88-1964 and 88-2348
Court: District Court of Appeal of Florida; November 7, 1989; Florida; State Appellate Court
Marks Landscape Paving Co. (Marks) appealed a final judgment favoring R.P.B. Industrial Park, Inc. (Park), following Marks' lawsuit seeking foreclosure of a mechanics' lien and damages for breach of contract stemming from paving work performed on Park's property under a contract with Pipeworks Enterprises, Inc. (Pipeworks). Marks dismissed Pipeworks prior to trial, but the court ultimately ruled against Marks regarding the lien. The appellate court determined that the trial court erred in denying foreclosure of Marks' mechanics' lien. According to Florida Statute § 713.04 (1985), any lienor performing services to make real property suitable for construction is entitled to a lien for payments owed. The court concluded that the trial court improperly applied the payment provisions of § 713.06(3) to § 713.04, as § 713.04 does not reference those provisions. The court cited a precedent, American Fire Casualty Co. v. Davis Water Waste Industries, Inc., affirming that these sections are distinct and do not require notice to the property owner for a lien under § 713.04. The court acknowledged conflicting case law, specifically Southern Contractor Rentals, Inc. v. Broderick, which interpreted the two sections together, but ultimately upheld that the legislative intent did not require the payment provisions to apply to § 713.04. The appellate court reversed the trial court's decision and remanded the case. Judges Dell and Garrett concurred with the decision.