Potts v. Orlando Building Service, Inc.

206 So. 2d 221 | Fla. Dist. Ct. App. | 1968

WALDEN, Chief Judge.

Defendants, Jewell S. Potts, Jr., and his wife, Elsie Mae Potts, bring an interlocutory appeal from an order which denied their motion to dismiss plaintiff’s complaint for the enforcement of a mechanics lien. We reverse.

The much amended complaint fails to allege that the affidavit required by Section 84.061(3) (d), F.S.196S, F.S.A. as a prerequisite to institution of suit has been filed.

Such an omission is jurisdictional in nature ¹ and requires that the complaint be dismissed.²

Reversed.

CROSS and McCAIN, JJ., concur.

1 . Brown v. First Federal Sav. & Loan Assoc., Fla.App.1964, 160 So.2d 556, (which dealt with Section 84.04(3), F.S.1959, the predecessor of Section 84.061(3) (d), F. S.1965, F.S.A.).

2 . Halifax Construction Co. v. Chastain Groves Inc., Fla.App.1966, 192 So.2d 15; Oper v. Russell, Inc., Fla.App.1967, 197 So.2d 13.