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LEVIN v. PALM COAST BUILDERS AND CONST., INC.

No. 4D01-4662.

840 So.2d 316 (2003)

Ralph LEVIN and Estelle Levin, Appellants, v. PALM COAST BUILDERS AND CONSTRUCTION, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 10, 2003.

Attorney(s) appearing for the Case

Keith T. Grumer and Maidenly Sotuyo-Macaluso of Grumer & Levin, P.A., Fort Lauderdale, for appellants.

Thomas D. DeCarlo of Cameron, Davis & Gonzalez, P.A., West Palm Beach, for appellee.

KLEIN, J.

Palm Coast, which built a home for the Levins, filed a mechanic's lien alleging it had not been fully paid. Palm Coast partially recovered damages, but the court found the lien fraudulent. We affirm.

The trial court found that the lien filed by Palm Coast was fraudulent because it included nonlienable items such as pool upkeep charges, lawn maintenance charges, homeowner's association fees and utility charges. Palm Coast contends that because its...

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