The 2023 Florida Statutes (including Special Session C)
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. . . {Id., citing Ohio Rev.Code § 713.04 (“The legislative authority of a municipal corporation may authorize . . .
. . . . § 713.04(1). A contractor may not, however, file a fraudulent lien against property. . . . Stat. § 713.04(1). . . .
. . . MPEP § 713.04 (8th Ed., Rev. 7, 2008). . . .
. . . See MPEP §§ 713.04, 2002.02. . . .
. . . . § 1.2; Manual of Patent Examining Procedure § 713.04 pp. 700-166 to 700-168 (8th ed., Aug. 2001). . . .
. . . Rejection, which included an interview summary as required by the Manual of Patent Examining Procedure § 713.04 . . .
. . . (citing Manual of Patent Examining Procedure § 713.04). . . .
. . . Opposition, p. 4), the court will grant partial summary judgment for the United States in the amount of $34,-713.04 . . .
. . . The Manual of Patent Examining Procedure at § 713.04 elaborates, requiring the applicant to record the . . .
. . . . §§ 1.2, 1.133, and § 713.04 of the Manual of Patent Examining Procedure, (4th ed. rev.1982) in support . . .
. . . this case involves construction of the phrase “abutting lands,” as the term is utilized in section 713.04 . . . In its complaint for mechanic’s lien filed pursuant to section 713.04, Davis alleged that the materials . . . The applicable statutory provision is as follows: 713.04 SUBDIVISION IMPROVEMENTS (1) Any lienor who, . . . cost of the services and materials, if unpaid, may be the basis for a lien upon the abutting land, § 713.04 . . . Finding no error in the trial court’s construction of section 713.04, Florida Statutes (1989), we AFFIRM . . .
. . . held that the proper payments provision of Section 713.06, Florida Statutes (1985), applied to Section 713.04 . . .
. . . By statutory definition, the work performed by Marks fell under § 713.04, Fla.Stat. (1985), which provides . . . as the site of any improvement shall include .... the paving of streets, curbs and sidewalks.... § 713.04 . . . Section 713.04 is silent as to the applicability of the proper payments provisions of section 713.06, . . . that the legislature did not intend for that requirement to apply to § 713.04. . . . 1985), wherein the Second District held that the proper payments provision of § 713.06 applied to § 713.04 . . .
. . . was not required to furnish the affidavit, because subdivision improvements are governed by section 713.04 . . . It is true that the contractor’s affidavit requirement is not found in section 713.04 but in section . . . interplay of the various sections of the mechanics’ lien statutes, our court has held that sections 713.04 . . . Judge Boardman wrote in Sewer Viewer, 454 So.2d at 702: ... we consider that the purpose of section 713.04 . . . lien for subdivisions in regard to the manner, amount, and extent of a lien perfected under section 713.04 . . .
. . . 713.05), professional lienors (§ 713.03), and lienors who make the site suitable for improvement (§ 713.04 . . .
. . . MPEP § 713.04. . . . discovering field of search); § 713.03 (interview for “sounding out” Examiner not permitted); and § 713.04 . . .
. . . See also Manual of Patent Examining Procedure § 713.04 (4th ed. 1979). . . .
. . . benefited all the lots in the mobile home park, its mechanic’s lien claim is governed by Florida Statute § 713.04 . . . Both §§ 713.04 and 713.05 grant one who performs services or furnishes materials the right to a lien . . . A lien based on Florida Statutes § 713.04 attaches and takes priority as of the date the claim of lien . . .
. . . Appellant relies upon section 713.04, Florida Statutes (1983) to excuse its failure to serve a notice . . . The trial court, in granting summary judgment for appel-lee Zephyr Egg, ruled that section 713.04 was . . . While the text of section 713.04 does not specifically refer to subdivision improvements, section 713.02 . . . makes it clear that section 713.04 is limited to liens for that kind of work. . . .
. . . deciding this appeal, we are again called upon to consider the interrelation and interaction of sections 713.04 . . . to our decision here, and based partially on their authority and on the express language of section 713.04 . . . failed to make clear whether the “proper payment” requirements of 713.06 were applicable to 713.04. . . . It appears, as we held in those cases, that the primary intent of the legislature in enacting 713.04 . . . We cannot ignore the specific language of section 713.04, which unequi-vocably states that “[N]o lien . . .
. . . See § 713.04, Fla.Stat. . . .
. . . See § 713.04, Fla. Stat. (1983). . . .
. . . , when the construction project in question involved a subdivision development governed by sections 713.04 . . . Appellants essentially argued that subdivision liens under sections 713.04 and 713.07 are independent . . . Sections 713.04 and 713.07 provide for less restrictive notice requirements for subdivision liens and . . . There is no alternative method of distribution described in section 713.04, nor 713.07. . . . The rest of chapter 713, part I, except as excluded by sections 713.04 and 713.07, applies to subdivision . . .
. . . Appellant timely recorded its claim of lien against appellee’s property under section 713.04, Florida . . . In so concluding, we consider that the purpose of section 713.04 is simply to provide less restrictive . . . Buckles-Thompson, Inc., 383 So.2d 280 (Fla. 5th DCA 1980) (section 713.04 creates “subdivision exception . . . Harrell, 364 So.2d 802 (Fla. 1st DCA 1978) (reading section 713.04 in pari mate-ria with section 713.06 . . . Section 713.04 is obviously contained in part I of chapter 713. . . .
. . . Raymundo’s services fall within the category of lienors described in Section 713.04, Florida Statutes . . . We hold that because the Legislature chose not to specifically require an affidavit under Section 713.04 . . . At issue is the interpretation to be given Section 713.04, Florida Statutes (1981). . . . As I see it, the enactment of Section 713.04, Florida Statutes (1981) merely represents the Legislative . . . In my judgment the Legislature did not intend, by the enactment of Section 713.04, Florida Statutes ( . . . In summation, I suggest that Section 713.04, Florida Statutes (1981), does not create a new class of . . .
. . . MPEP § 713.04 (3d ed. rev. 1970), reprinted in A. Deller, Walker on Patents, ch. . . . the applicant * * to make the substance of an interview of record in the application file, * * MPEP § 713.04 . . .
. . . Dayton and $713.04 for Mr. Messinger. III. DISCUSSION A. . . . Dayton’s expenses and $713.04 for Mr. Messinger’s expenses. . . .
. . . required to file notice to owner because his work which involved hauling, etc., brought him under Section 713.04 . . . Section 713.04, by its very term, applies to subdivision improvements. . . .
. . . find reversible error if the trier of the fact found the Appellant/Lienor to be subject to Section 713.04 . . . Said Section 713.04 creates a lien for subdivision improvements but provides that no lien be acquired . . .
. . . Patent Office, Manual of Patent Examining Procedures § 713.04 (3d ed. 1961), as amended (1970), reprinted . . . (This is the practice suggested for examiners by Section 713.04 of the Manual of Patent Examining Procedure . . .
. . . Section 713.04, Fla.Stat. (1979). . . .
. . . the materials supplied were used for “subdivision improvements” as that term is defined in section 713.04 . . . , not in privity with the owner, who furnishes materials for subdivision improvements under section 713.04 . . . Section 713.04, dealing with subdivision improvements, establishes a class of liens separate from the . . . There is no requirement of serving notice on the owner under section 713.04. . . . : 713.04 Subdivision improvements. — Any lienor who, regardless of whether in privity, performs services . . .
. . . with “M” Enterprises (“M”) to make their real property suitable for improvements as defined in Section 713.04 . . . Harrell contends that pursuant to Section 713.04, Florida Statutes (1975), and American Fire & Cas. . . . Section 713.04 which applies to subdivision improvement lienors does not require notice to owners. . . . However, only Section 713.04 applies here because its first sentence clearly states that it applies to . . . Section 713.07(1) states that liens under Section 713.04 shall attach at the time of recordation and . . .
. . . Thus, § 713.03 concerns itself with liens for professional services, § 713.04 applies to subdivision . . . Thus we see that: (1) § 713.03 specifically states that no notice is required. (2) § 713.04 is silent . . . Prom the above four line analysis, it should be easy to conclude that, because § 713.04 (the one we are . . . The first sentence of § 713.04 begins, “Any lienor who, regardless of whether in privity . . . furnishes . . . our opinion that by reason of this language, the lienor in the instant case falls squarely under § 713.04 . . .
. . . Patent Office, Manual of Patent Examining Procedure § 713.04 (3d ed. 1961), as amended (1970), reprinted . . .
. . . Appellant contends that under § 713.04 of the Mechanics’ Lien Law, in order to perfect his claim of lien . . .
. . . counsel filed of record it appears that the maximum reeov-ery, exclusive of interest and costs is $9,-713.04 . . .
. . . The three sums added together come to $9,-713.04 and this is the aggregate amount that plaintiff could . . .