MORRIS AND ESHER, INC. v. OLYMPIA ENTERPRISES, INC.

No. 67-140.

200 So.2d 579 (1967)

MORRIS AND ESHER, INC., Appellant, v. OLYMPIA ENTERPRISES, INC., Appellee.

District Court of Appeal of Florida. Third District.

June 13, 1967.


Attorney(s) appearing for the Case

Leonard Wolf, Miami, for appellant.

Simon, Hays & Grundwerg and Ronald S. Golub, Miami, for appellee.

Millican & Trawick, Sarasota, amicus curiae.

Before PEARSON, CHARLES CARROLL and SWANN, JJ.


PEARSON, Judge.

The main question presented by this interlocutory appeal is whether a general contractor may include in his complaint to foreclose a mechanics' lien the amounts owed to subcontractors on the job when the subcontractors have also filed claims of lien on their own account.

The point arises upon an appeal from an interlocutory order which granted a motion to strike from appellant's complaint the allegations of sums due by the contractor to subcontractors...

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