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POTTS v. ORLANDO BUILDING SERVICE

No. 1608.

206 So.2d 221 (1968)

Jewell S. POTTS, Jr., and Elsie Mae Potts, Husband and Wife, Appellants, v. ORLANDO BUILDING SERVICE, Inc., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Fourth District.

January 29, 1968.

Attorney(s) appearing for the Case

Charles M. Rieders, Cocoa Beach, for appellants.

WALDEN, Chief Judge.

Defendants, Jewell S. Potts, Jr., and his wife, Elsie Mae Potts, bring an interlocutory appeal from an order which denied their motion to dismiss plaintiff's complaint for the enforcement of a mechanics lien. We reverse.

The much amended complaint fails to allege that the affidavit required by Section 84.061(3) (d), F.S. 1965, F.S.A. as a prerequisite to institution of suit has been filed.

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