PEARSON, Judge.
In a recent opinion this Court held that under the 1961 Mechanic's Lien Statute [Fla. Stat. 1961, § 84.24(2), F.S.A.] a surety upon the bond to which lien had been transferred was not a proper party in an action to establish and foreclose the Mechanic's Lien. See Kleinman v. Bal Harbour Towers, Inc., Fla.App. 1966,
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