Hunt Truck Sales & Service, Inc. v. Holopak Village, 77-1344

• Decision Date: 20 September 1978
• Docket Number: No. 77-1344,77-1344
• Citation: 363 So.2d 27
• Parties: HUNT TRUCK SALES AND SERVICE, INC., a Florida Corporation, Appellant, v. HOLOPAK VILLAGE et al., Appellees.
• Court: Florida District Court of Appeals

Page 27

363 So.2d 27

HUNT TRUCK SALES AND SERVICE, INC., a Florida Corporation, Appellant, v.HOLOPAK VILLAGE et al., Appellees.

No. 77-1344.

District Court of Appeal of Florida, Fourth District.

Sept. 20, 1978.

Rehearing Denied Oct. 26, 1978.

Francis E. Pierce, Jr., Orlando, for appellant.

James A. Barks, of Steed & Collins, Orlando, for appellees.

BERANEK, Judge.

This is an appeal from an order dismissing a complaint with prejudice for failure to state a cause of action.Appellant asserts 13 points on appeal.We find that all points are without merit and affirm.The main issue was whether the plaintiff/appellant stated a cause of action for foreclosure of a mechanic's lien.The right to foreclose the mechanic's lien was claimed to exist through a security agreement between plaintiff/appellant and a third party.A mechanic's lien or a prospective mechanic's lien may be Assigned in Florida.Fla.Stat. § 713.19.It is our conclusion that plaintiff/appellant's Security interest in accounts and contracts is not an Assignment of a mechanic's lien and thus is not sufficient to transfer the...