Opinion
Case No. 96-01446
Opinion filed December 18, 1996.
Appeal from the Circuit Court for Lee County; James R. Thompson, Judge.
Louis X. Amato and Patricia A. King of Amato, Anderson, Nickel Weber, P.A. Naples, for Appellant.
Steven Carta of Simpson, Henderson Carta, Fort Myers, for Appellee.
Architectural Complements, Inc., a cabinet manufacturer, has appealed from a partial final summary judgment in favor of R. G. Brown Properties, a condominium developer, the effect of which was to declare unenforceable Architectural's mechanics liens. The court grounded its summary judgment upon application of section 713.02(7), Florida Statutes (1995), which provides that "no lien shall exist in favor of any contractor, subcontractor, or sub-subcontractor unless such contractor, subcontractor, or sub-subcontractor is licensed as a contractor pursuant to the laws of the jurisdiction within which he is doing business." Upon review of the record, however, we find that genuine issues of material fact exist concerning whether section 713.02(7) applies to Architectural in this situation. Architectural claims that it acted as a materialman, not a subcontractor, and if that assertion is factually sound, the statute would not operate to preclude its lien.
We reverse and remand for the trial court to consider the factual matters associated with the determination of Architectural's status within the meaning of section 713.02(7).
PARKER and BLUE, JJ., Concur.