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MODERN PAINTING CO. v. SCHEINBERG

No. 62-736.

155 So.2d 561 (1963)

MODERN PAINTING CO., Inc., a Florida corporation, Appellant, v. Peritz SCHEINBERG and Dollye Scheinberg, his wife, Appellees.

District Court of Appeal of Florida. Third District.

August 6, 1963.

Attorney(s) appearing for the Case

Myron Sponder, North Miami, for appellant.

Myers, Heiman, Kaplan & Catsman, Miami, for appellees.

Before BARKDULL, C.J., and CARROLL and HORTON, JJ.

PER CURIAM.

Appellant's complaint for foreclosure of a mechanic's lien was dismissed by the chancellor on defendants' motion when it appeared that the lien had become outlawed by lapse of time for failure of the lien claimant to file in the circuit court the notice required by § 84.21, Fla. Stat., F.S.A. In so ruling the chancellor was eminently correct, and we affirm the order of dismissal on the authority of Cowherd & Sanderlin, Inc. v. Modern Improvement...

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