Daly Aluminum Products, Inc. v. Stockslager, 70--244
| Decision Date | 11 December 1970 |
| Docket Number | No. 70--244,70--244 |
| Parties | DALY ALUMINUM PRODUCTS, INC., a Florida corporation, Appellant, v. Robert M. STOCKSLAGER and Myrtle R. Stockslager, his wife, Appellees. |
| Court | Florida District Court of Appeals |
Goldner, Marger, Davis & Rightmyer, P.A., St. Petersburg, for appellant.
Hammond & Holman, Pinellas Park, for appellees.
The appellant is a subcontractor and was not in privity with the appellee-owner at the time the work was done by the subcontractor. Appellant commenced improvement on appellees' property on June 6, 1968, and completed it on June 24, 1968. Appellees made final payment of the general contractor on July 24, 1968, and the subcontractor has never been paid.
On the forty-third day after commencement of the construction the subcontractor mailed by certified mail notice to the property owners that he had not been paid. The forty-fifth day was on Sunday and the notice was not delivered until the following Monday, which was the forty-sixty day.
Appellant asks this court to decide whether the notice of service to the owner in a mechanic's lien case is completed upon mailing or upon receipt; and it service must be received before becoming effective will notice be effective when served on the forty-sixty day since the forty-fifth day fell on Sunday and no mails were delivered that day. They also pose the question of whether or not in a mechanic's lien is notice to the owner timely served if served within forty-five days from the commencement and before the date of the contractor's affidavit but served after the completion of the work and after the owner has paid the primary contractor.
Florida Statutes 713.18(1)(c), F.S.A. specifically says that notice shall be by one of the following methods: 'By mailing the same, postage prepaid, by registered mail or certified mail * * *' This particular provision of the Mechanic's Lien Law has never been construed in Florida. We believe that notice as provided for in the statute cannot be effective until received. However, since the last day, the forty-fifty day as prescribed in the statute, fell on Sunday we further hold that the receipt of notice was timely since it was received on the forty-sixth day, the forty-fifth day being on Sunday. We arrive at this conclusion by comparing FRCP 1.090(a), 30 F.S.A. and F.A.R. 3.18, 32 F.S.A. While we recognize the Mechanic's Lien Law statute is silent in this...
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...were assembled into a working crane several months later), review denied, 525 So.2d 878 (Fla.1988); Daly Aluminum Prods., Inc. v. Stockslager, 244 So.2d 528, 529 (Fla. 2d DCA 1970) (counting forty-five-day period from the day improvements began at the site), cert. denied, 246 So.2d 97 (Fla.......
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...following secular or business day. (See, for example, the cases above cited and in addition thereto Daly, Aluminum Products, Inc. v. Stockslager, 244 So.2d 528 (Fla. 2d DCA 1971); Stockslager v. Daly Aluminum Products, Inc., 246 So.2d 97 (Fla.1971); Herrero v. Black and Decker Manufacturing......
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Greer v. Estate of Smith, 75--1272
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