Opinion

Meena v. Drousiotis

  • 146 Fla. 168
  • 200 So. 362
  • 1941 Fla. LEXIS 1103
Court
Supreme Court of Florida
Filed
Feb 14, 1941
Status
Published
Author
Buford
On the bench
Buford, Brown, Whitfield, Adams
Cited by
6 cases
Authority
More cited than 78.6%

The opinion

Buford, J.

Appeal brings for review final decree foreclosing a lien existing under the provisions of Section 3503, R. G. S, 5364 C. G. L.

Appellant poses two questions for our consideration, as follows:

1. “Can a person come into the State of Florida and practice the profession of a chemical engineer without having first received a certificate so to do from the State Board of Engineering Examiners, and maintain an action in the courts of the State of Florida to recover money for services rendered?”

*170

2. “Are trade fixtures placed in a building erected for a particular purpose, and which fixtures are essential to the carrying out of the purpose for which the building was erected, a part of the real estate, and as such real property, or are they personal property?”

The answer to the first question is that the work and services performed by the lien claimant did not come within the purview of the provisions of Sections 2273 R. G. S., 3619 C. G. L.,

et seq.,

applying to professional engineers.

As to the second question, the record discloses substantial evidence to establish the fact that the machinery on which lien was claimed was so installed as to be removable without damage to other machinery or to the building. So in this regard the enunciations in the cases of Commercial Finance Co. v. Brooksville Hotel Co., 98 Fla. 410 , 123 Sou. 814 , and in Inter-State & Banking Co. v. Warren, 69 Fed. (2nd) 368, are applicable.

The mere fact that to remove the machinery would prevent the successful operation of defendant’s business constitutes no defense, nor .does such result constitute a damage to the realty. See Wheat v. Otis Elevator Co., 23 Fed. (2nd) 152.

An examination of the entire record discloses no reversible error and the decree is affirmed.

So ordered.

Affirmed.

Brown, C. J., Whitfield, and Adams, J. J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.