215 So. 2d 42 | Fla. Dist. Ct. App. | 1968
Appellant brought an action against the owner of certain real property to enforce an alleged materialman’s lien. The matter came to trial. The court granted defendant owner’s motion for judgment at the close of the plaintiff’s case. The plaintiff takes this appeal from the judgment entered. We affirm.
The evidence considered most favorably to the plaintiff
The plaintiff claimed a lien under F.S. Section 84.022(4), F.S.A.1963,
Appellant takes the position that this latter provision should aid it in making a prima facie case since appellant’s evidence showed that all of the materials covered in the invoices were either delivered to the job site or to the plumbing contractor's shop for fabrication. We do not agree. A mechanic’s lien is entirely statutory and unless the lien is expressly created it does not exist.
Appellant’s evidence, considered in the light most favorable to it, was simply insufficient as a matter of law to establish a lien in its favor and the court was therefore correct in granting appellee’s motion for judgment.
Affirmed.
. Rodi v. Florida Greyhound Lines, Inc., Fla.1952, 62 So.2d 355.
. We express no opinion as to whether special fabrication by the plumbing contractor would have benefited the material-man, since there is no evidence to clearly establish that the plumbing contractor did specially fabricate any of the materials. But Cf. Surf Properties v. Markowitz Bros., Fla.1954, 75 So.2d 298.
. Now F.S. Section 713.02(4), F.S.A.1967.
. Now F.S. Section 713.01(6), F.S.A.1967.
.Nathman v. Chryey, Fla.App.1958, 107 So.2d 782.
.Fell v. Messeroff, Fla.App.1962, 145 So.2d 238.
.Shaw v. Del-Mar Cabinet Co., Fla.1953, 63 So.2d 264; Leedy v. First Federal Savings & Loan Association of Cocoa, Fla.App.1962, 142 So.2d 99.