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RUSSELL v. DANFORD

No. D-47.

139 So.2d 743 (1962)

E.W. RUSSELL, Jr., Also Known As Bill Russell, Appellant, v. George M. DANFORD and Lenner Danford, His Wife, Appellees.

District Court of Appeal of Florida. First District.

April 10, 1962.

Attorney(s) appearing for the Case

Raymond, Wilson & Karl, Daytona Beach, for appellants.

Maurice Wagner and Richard D. Bertone, Daytona Beach, for appellees.

PER CURIAM.

Appellant instituted suit to foreclose a mechanic's lien for labor performed and materials furnished in constructing a dwelling under a contract with appellees. On final hearing a decree was rendered dismissing the complaint. It is from the decree of dismissal that this appeal is taken.

The critical question before the chancellor was whether appellant's claim of lien was filed within ninety days from the date

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