A. Alexis Varela, Inc. v. Pagio
A contractor delivered its final payment affidavit to the homeowners on May 5 and filed a construction lien foreclosure suit on May 10. The county court dismissed, reading section 713.06(3)(d)'s 'at least 5 days before instituting an action' to require five clear days between delivery and filing. The Fifth DCA reversed, holding that under Florida Rule of General Practice and Judicial Administration 2.514(a)(1) one terminal day is excluded and the other included, so delivery on the fifth day before suit was timely.
Key facts
- Contractor A. Alexis Varela, Inc. delivered its final payment affidavit to homeowners on May 5 and filed a construction lien foreclosure suit on May 10.
- County court dismissed the lien foreclosure count, interpreting the statutory requirement of delivery 'at least 5 days before instituting an action' to require five clear days between delivery and filing.
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Why it matters
Construction lien practitioners frequently litigate whether the section 713.06(3)(d) final payment affidavit was timely delivered, and this opinion gives a clear rule: count forward under Rule 2.514, excluding the… — full analysis with a trial
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