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Florida Statute 713.12 | Lawyer Caselaw & Research
F.S. 713.12 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 713.12

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 713
LIENS, GENERALLY
View Entire Chapter
F.S. 713.12
713.12 Liens for improving real property under contract with husband or wife on property of the other or of both.When the contract for improving real property is made with a husband or wife who is not separated and living apart from his or her spouse and the property is owned by the other or by both, the spouse who contracts shall be deemed to be the agent of the other to the extent of subjecting the right, title, or interest of the other in said property to liens under this part unless such other shall, within 10 days after learning of such contract, give the contractor and record in the clerk’s office, notice of his or her objection thereto.
History.s. 1, ch. 63-135; s. 35, ch. 67-254.
Note.Former s. 84.121.

F.S. 713.12 on Google Scholar

F.S. 713.12 on Casetext

Amendments to 713.12


Arrestable Offenses / Crimes under Fla. Stat. 713.12
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.12.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MULLNE, v. SEA- TECH CONSTRUCTION, INC. a, 84 So. 3d 1247 (Fla. Dist. Ct. App. 2012)

. . . He also argues that the count for foreclosure of the construction lien under section 713.12, Florida . . . Under section 713.12, if one spouse enters into a contract for improvements to real property, the non-contracting . . . agreement so long as the property is owned by at least one spouse and the couple is not living apart. § 713.12 . . . the final default judgment is proper because the defendant incurred liability, pursuant to section 713.12 . . . This argument fails because section 713.12 does not impose personal liability for breach on a non-contracting . . .

HEINBERG, L. L. C. v. HENRICKSEN CO. INC., 877 So. 2d 34 (Fla. Dist. Ct. App. 2004)

. . . Section 713.10, which is entitled, “Extent of liens,” provides: Except as provided in s. 713.12, a lien . . .

SASSO AIR CONDITIONING, INC. v. UNITED COMPANIES LENDING CORPORATION,, 742 So. 2d 468 (Fla. Dist. Ct. App. 1999)

. . . Moreover, section 713.12 provides that when a contract for improving property is made with a husband . . .

FIFTH COLUMN, v. VILLAGE OF VALLEY VIEW, OHIO,, 100 F. Supp. 2d 493 (N.D. Ohio 1998)

. . . Section 713.12 adds: Before any ordinance, measure, regulation, or amendments thereto, authorized by . . . Ohio Rev.Code § 713.12 (emphasis added). . . . The State of Ohio General Assembly, with Ohio Rev.Code §§ 713.10 and 713.12, has decreed it does not. . . . Second, a review of the statutory scheme which encompasses §§ 713.10 and 713.12 mandates rejection of . . . Code §§ 713.10 or 713.12. . . .

WATER SEWER UTILITY CONSTRUCTION, INC. a v. DULANEY, 653 So. 2d 1127 (Fla. Dist. Ct. App. 1995)

. . . . §§ 713.08(4)(a), 713.10, 713.12, Fla. Stat. (1993). . . .

OLENHOUSE, v. COMMODITY CREDIT CORPORATION,, 42 F.3d 1560 (10th Cir. 1994)

. . . . §§ 713.3(1 )-(m), 713.4, 713.12. . . . .

JOSEPH SKILLKEN AND CO. v. CITY OF TOLEDO JOSEPH SKILLKEN AND COMPANY v. CITY OF TOLEDO, 528 F.2d 867 (6th Cir. 1975)

. . . any land in violation of any zoning ordinance or regulation enacted pursuant to sections 713.06 to 713.12 . . .

EDWARD L. NEZELEK, INC. v. FOOD FAIR PROPERTIES AGENCY, INC., 309 So. 2d 219 (Fla. Dist. Ct. App. 1975)

. . . Except as provided in § 713.12, liens under part I of this chapter shall extend to, and only to, the . . .

PINKNEY v. OHIO ENVIRONMENTAL PROTECTION AGENCY, 375 F. Supp. 305 (N.D. Ohio 1974)

. . . Code § 713.12. . . .