DEIGAARD & PRESTON BUILDERS, INC. v. LYONS

Nos. 63-727, 63-728.

167 So.2d 776 (1964)

DEIGAARD & PRESTON BUILDERS, INC., a Florida corporation, Appellant, v. James F. LYONS, a single man, Elizabeth H. Hudson and Charles F. Hudson, her husband, and South Miami Hospital Foundation, a Florida corporation not for profit, Appellees. DEIGAARD & PRESTON BUILDERS, INC., a Florida corporation, Appellant, v. SOUTH DADE PROFESSIONAL BUILDING, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 23, 1964.


Attorney(s) appearing for the Case

Hendricks & Hendricks, Miami, for appellant.

Joseph M. Fitzgerald and Thomas A. Horkan, Miami, Jr., for Lyons, Hudson and South Dade Professional Building, Inc.

George A. Buchmann, Jr., So. Miami, for South Miami Hospital Foundation.

Before BARKDULL, C.J., and HORTON and TILLMAN PEARSON, JJ.


PER CURIAM.

In a chancery action the appellant, a building contractor, sought to charge certain real property of appellees with an equitable lien for construction of improvements made thereon. In a law action which grew out of the chancery action, the appellant sought to recover sums allegedly due (1) on a promissory note from the appellee South Dade Professional Building, Inc., [hereinafter referred to as Professional] and (2) under a certain construction contract...

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