Secondly, the fact that the titleholder of the subject property, the present appellant, was not even named as a party defendant in the impleading complaint likewise renders the lis pendens entirely without lawful basis. See Leader Mortgage Co. v. Rickards Electric Serv., 348 So.2d 1202 (Fla. 4th DCA 1977); cf. Tortu v. Tortu, 430 So.2d 531 (Fla. 4th DCA 1983). REVERSED.
See Harvesters Group, Inc. v. Westinghouse Elec. Corp., 527 So.2d 257, 259 (Fla. 3d DCA), review denied, 536 So.2d 246 (Fla. 1988). In Leader Mortgage Co. v. Richards Elec. Serv., Inc., 348 So.2d 1202 (Fla. 4th DCA 1977), Rickards Electric Service had entered into a direct contract with an owner to provide electrical work on a building. Trouble developed and Rickards was not paid in full.
Sowers contends that Hoenstine was required to file a contractor's affidavit under these sections and that his failure to do so barred him from maintaining this lawsuit. See Saleh v. Watkins, 415 So.2d 858 (Fla. 5th DCA June 23, 1982); Atlantic Gardens Landscaping v. Boca Raton Land Dev., 360 So.2d 1278 (Fla. 4th DCA 1978); Leader Mortgage Co. v. Rickards Electric Service, 348 So.2d 1202 (Fla. 4th DCA 1977); Brown v. First Federal Savings of New Smyrna, 160 So.2d 556 (Fla. 1st DCA 1964). It is clear that the filing of a contractor's affidavit is jurisdictional and a condition precedent to the right to maintain an action to foreclose a mechanic's lien. While Sowers made no attempt to secure the dismissal of the lawsuit prior to trial, which he should have done before filing a responsive pleading, see, e.g., Saleh v. Watkins, the matter may be raised by a motion for a directed verdict. Atlantic Gardens; Leader Mortgage Co.
We agree and reverse. In M.G. Marine Supply Corporation v. Foreign Trade, Inc., 537 So.2d 696 (Fla. 3d DCA 1989), the Third District, relying upon this court's decision in Leader Mortgage Co. v. Rickards Electric Service, 348 So.2d 1202 (Fla. 4th DCA 1977), held that where the titleholder of the subject property, who was the appellant in the appeal, but was not in the action below, was not named a party defendant in the complaint, the lis pendens is thereon entirely without legal basis. In the present case, the titleholder to the real estate, M.I.M.E., Inc., has not been joined in the complaint below.
The filing of a contractor's affidavit is a condition precedent to the maintenance of an action to foreclose a mechanic's lien. Failure to serve the affidavit is generally a bar to such an action. See Leader Mortgage Co. v. Rickards Electric Service, Inc., 348 So.2d 1202 (Fla. 4th DCA 1977); Sowers v. Hoenstine, 417 So.2d 1137 (Fla. 5th DCA 1982); Mardan Kitchen Cabinets, Inc. v. Bruns, 312 So.2d 769 (Fla. 3d DCA 1975). Failure to comply with the statute will result in dismissal of the foreclosure unless the lienor is able to excuse compliance under circumstances that obviate the requirement of strict compliance. See Atlantic Gardens Landscaping, Inc. v. Boca Raton Land Development, Inc., 360 So.2d 1278 (Fla. 4th DCA 1978); McMahan Construction Co., Inc. v. Carol's Care Center, Inc., 460 So.2d 1001 (Fla. 5th DCA 1984); Brown v. First Federal Savings Loan Association of New Smyrna, 160 So.2d 556 (Fla. 1st DCA 1964). Appellant here fails to allege facts constituting such an exception.
We deny the petitions for writ of certiorari on the authority of McMahan Construction Company v. Carol's Care Center, Inc., 460 So.2d 1001 (Fla. 5th DCA 1984), which decision we adopt and approve. We believe the facts of that case, as well as the similar facts involved herein, are distinguishable from prior cases on the issue of the filing of a contractor's affidavit as a condition to maintaining an action for foreclosure of a mechanic's lien. See,e.g., Leader Mortgage Co. v. Rickards Electric Service, Inc., 348 So.2d 1202 (Fla. 4th DCA 1977). ANSTEAD and GLICKSTEIN, JJ., and BARKETT, ROSEMARY, Associate Judge, concur.
We have previously held that an award for attorney's fees requires substantial competent evidence. Leader Mortgage Co. v. Rickards Electric Service, Inc., 348 So.2d 1202, 1205 (Fla. 4th DCA 1977); Benitez v. Benitez, 337 So.2d 408 (Fla. 4th DCA 1976). Implicit in this is the requirement that the value of services be proven by expert witnesses.
LETTS, Judge. This is the companion case to Case No. 76-1079, namely the Leader Mortgage Company v. Rickards Electric Service, Inc., Fla. App., 348 So.2d 1202, and the same record and issues are presented in both appeals. In our view, the opinion filed in the companion case, immediately preceding this one, is dispositive of the identical final judgment appealed from.