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POOLS BY TROPICANA, INC. v. SWAN

No. 5343.

167 So.2d 775 (1964)

POOLS BY TROPICANA, INC., a Florida corporation, Appellant, v. Etta J. SWAN, Appellee.

District Court of Appeal of Florida. Second District.

October 7, 1964.

Attorney(s) appearing for the Case

Lee C. Conser, of Law Offices of Robert W. Olsen, Orlando, for appellant.

Dominick J. Salfi, of Hornsby, Johnson, Yurko & Salfi, Orlando, for appellee.

BARNS, PAUL D., Associate Judge.

The lower court sustained the appellee-defendant's motion to dismiss plaintiff's complaint in equity seeking foreclosure of a mechanic's lien against land of the defendant-appellee; upon sustaining the motion to dismiss the lower court transferred the action to the law side of the court; thereupon plaintiff entered this interlocutory appeal. We find error and reverse.

The complaint seeks foreclosure of a lien for the balance...

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