Michel v. Bayshore Marina, Inc.
Decision Date | 22 February 1966 |
Docket Number | No. 65-547,65-547 |
Citation | 183 So.2d 294 |
Parties | John F. MICHEL, Appellant, v. BAYSHORE MARINA, INC., a Florida corporation, Appellee. |
Court | Florida District Court of Appeals |
Boyle & Boyle, James D. Kirtley, Miami, for appellant.
Stamey, Kravitz & Dudley, Hialeah, for appellee.
Before TILLMAN PEARSON, CARROLL and BARKDULL, JJ.
The appellant alleged in his complaint that he was employed as a civil engineer to draw certain plans for the defendant. His complaint as amended claimed a lien pursuant to Chapter 84, Fla.Stat .1963, which is the Mechanic's Lien Law. At the conclusion of the plaintiff's case, the chancellor entered a decree dismissing the cause in the following language:
'1. That the Defendant's motion for a directed verdict for failure of the Plaintiff to state a cause of action for damages of foreclosure of a mechanics lien against the Defendant be, and the same is hereby granted.
'2. That the lis pendens filed by the Plaintiff in the above cause be, and the same is hereby cancelled and discharged.
On this appeal it is conceded by the appellant that he did not and could not establish a lien under the Mechanic's Lien Statute. It is urged that there was a sufficient showing before the court on plaintiff's case to establish a lien pursuant to § 85.05, Fla.Stat., which is as follows:
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Jackson v. Whitmire Const. Co., 7300
...not be considered for the first time on appeal. Sands v. Ivy Liquors, Inc., Fla.App.1966, 192 So.2d 775, 776; Michel v. Bayshore Marina, Inc., Fla.App.1966, 183 So.2d 294, 296; Nelson v. Cravero Constructors, Inc., Fla.App.1960, 117 So.2d 764, 766; Slatcoff v. Dezen, Fla.1954, 76 So.2d 792,......
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Whitted v. State
...Hollis, 58 Fla. 268, 50 So. 985 (1909); Jackson v. Whitmire Construction Co., 202 So.2d 861 (Fla.2d DCA 1967); Michel v. Bayshore Marina, Inc., 183 So.2d 294 (Fla.3d DCA 1966). Appellant's second contention, that the term "lewdness" is constitutionally defective for vagueness, was rejected ......
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Scott v. Haufler, BS-355
...law. We offer no opinion concerning the availability of other remedies, since the issue is not before us. See, Michel v. Bayshore Marina, Inc., 183 So.2d 294 (Fla. 3d DCA 1966). ...