· 4/27/2011
SAM RODGERS PROPERTIES, INC. v. Chmura
Citations
- 61 So. 3d 432
- 2011 Fla. App. LEXIS 5943
- 2011 WL 1565446
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “[a] lienor’s good or bad faith in filing a lien must be based on competent, substantial record evidence”
- explaining that a breach of contract requires proof of the parties’ mutual assent on all essential terms of their agreement
- “To establish breach of a real estate contract, the plaintiff bears the burden of proving by a preponderance of the evidence the existence of a contract, a breach of that contract, and damages resulting from the breach.”
- “The test for whether work constitutes a ‘final furnishing’ is whether the work was done in good faith, within a reasonable time, pursuant to the terms of the contract, and whether it was necessary to a finished job.”
- “Price is typically an essential element of a con- tract.”
- “ ‘[T]he omission of any of the [statutorily required details] or errors in such claim of lien shall not, within the discretion of the trial court, prevent the enforcement of such hen as against one who has not been adversely affected by such omission or error.’ § 713.08(4
Source: CourtListener parenthetical corpus (CC0).
Judges: Whatley, Villanti, Morris
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.