J. C. Clinton v. State Florida

We disagree with the chancellor on only one part of his decree; that in which he decided that Troup Bros., Inc., had a valid lien on the land under mortgage foreclosure under the Mechanics Lien Law for the construction of streets upon the land. Since Troup Bros. failed to give the owner a statement under oath that all lienors contracting directly with, or directly employed by such contractor have been paid in full, or the name of each such lienor who has not been paid in full and the amount due or to become due each for labor or services performed or materials furnished, as required by § 84.04, Fla.Stat., F.S.A., the chancellor necessarily decided that Troup Bros. was not a "contractor" and, therefore, not subject to the requirement of the sworn statement. If Troup Bros. fits the category of "contractor" under the Act, the failure to give the sworn statement was fatal to its lien claim. Pope v. Carter, Fla.App.1958, 102 So.2d 658.