Miller v. Bob Dean Steel Buildings

Full title: ALVA J. MILLER, APPELLANT, v. BOB DEAN STEEL BUILDINGS, INC., APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Feb 21, 1969

218 So. 2d 459 (Fla. Dist. Ct. App. 1969)

Opinion

No. 67-532.

November 13, 1968. Rehearing Denied February 21, 1969.

Appeal from the Circuit Court, Collier County, Harold S. Smith, J.

James W. Moore, Naples, for appellant.

Frank B. Watson, Jr., of Roberts, Watson, Taylor Friday, Fort Myers, for appellee.

PER CURIAM.

Miller appeals a decree enforcing a mechanic's lien. The special master's conclusion that the building was substantially completed is contradicted by his finding, for example, that supporting columns were mislocated beyond allowable tolerances. The building was not constructed in reasonable compliance with the contract, through no fault of the owner. Nelson v. Hazel, 89 Idaho 480, 406 P.2d 138 (1965). See Pitts v. Ahlswede, 139 So.2d 159, 160 (Fla. App. 1962).

This disposition of the case renders it unnecessary to determine whether costs and fees in the amount of $4,992 may be awarded in an action to enforce a $7,227 lien.

Reversed and remanded with directions to dismiss the complaint without prejudice, with leave to amend.

LILES, C.J., and HOBSON and MANN, JJ., concur.