Bowen v. Merlo, GG-77
| Decision Date | 06 January 1978 |
| Docket Number | No. GG-77,GG-77 |
| Citation | 353 So.2d 668 |
| Parties | John BOWEN, d/b/a Crockett Associates of Florida, Appellant, v. Thomas J. MERLO et ux., Appellees. |
| Court | Florida District Court of Appeals |
Ernest D. Jackson, Sr., Jacksonville, for appellant.
Fred M. Johnson, Jacksonville, for appellees.
Appellant contends that the trial court erred in holding as a matter of law that he did not comply with Section 713.18, Florida Statutes, the Mechanics' Lien Law, on grounds that he mailed his claim of lien to the owner by regular mail instead of by certified or registered mail as required by Section 713.18(1)(c). We concur and reverse. It is undisputed that the owner here received actual notice of the claim of lien. We agree with the court in Vitra-Spray of Florida, Inc., v. Gumenick, 144 So.2d 533 (Fla. 3rd DCA 1962) that notice is the important element dealt with by the section. We note in addition that Section 713.18(1)(b) specifically allows the claim to be served by actual delivery and there is no doubt that actual delivery was accomplished here. Continental Home Parks, Inc., v. Golden Triangle Asphalt Paving Co., 291 So.2d 49 (Fla. 2d DCA 1974), cited by Appellees, is distinguishable because there was no allegation there that the proper person ever received notice of the claim.
REVERSED and REMANDED.
To continue reading
Request your trial
-
Patry v. Capps
...return receipt requested, in worthless check action required only some type of personal delivery beyond regular mail); Bowen v. Merlo, 353 So.2d 668 (Fla. 1st DCA 1978) (actual delivery of notice by regular mail was sufficient under notice requirement of Mechanics' Lien Law that provided fo......
-
Tim Hortons United States, Inc. v. Singh
...2d DCA 1984) (substantial compliance with notice requirements of statute sufficient where actual notice received); Bowen v. Merlo, 353 So. 2d 668, 668-69 (Fla. 1st DCA 1978) (where a claim of lien was sent by regular mail instead of certified mail as required by statute, but owner received ......
-
Frazier v. Standard Guaranty Ins. Co.
...accompany the notice of cancellation. Notice, not the method of the notice, is the keystone of the statute. See Bowen v. Merlo, 353 So.2d 668 (Fla. 1st DCA 1978). Actual receipt means that there has been a delivery postal or Our holding is consistent with the underlying purpose of notice of......
-
Blosam Contractors, Inc. v. Joyce
...business agent, substantially complied with the requirements of section 713.18(1)(c) under the facts of this case. See Bowen v. Merlo, 353 So.2d 668 (Fla. 1st DCA 1978) (fact that notice was mailed by regular mail rather than by certified mail did not render notice defective under section 7......