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ART BERMAN CONCRETE, INC. v. SEY CONSTRUCTION CORP.

No. 71-327.

247 So.2d 791 (1971)

ART BERMAN CONCRETE, INC., a Florida Corporation, Appellant, v. SEY CONSTRUCTION CORP., a Florida Corporation, Milton F. Steinhardt and Fidelity and Deposit Company of Maryland, As Surety, Appellees.

District Court of Appeal of Florida, Third District.

May 18, 1971.

Attorney(s) appearing for the Case

William J. Goldworn and Daniel J. Spiegel, Miami, for appellant.

James V. Johnstone, Miami, for appellees.

Before PEARSON, C.J., and CHARLES CARROLL and HENDRY, JJ.

PEARSON, Chief Judge.

The controlling question in this appeal is whether the notice indicated by F.S. § 713.06 (3) (d) 1, F.S.A., of the mechanic's lien law must be given by a sub-contractor who claims under a mechanic's lien. The section reads as follows:

"(3) The owner may make proper payments on the direct contract as to lienors under this section, in the following manner: (a) * * * * * (b) * * * * * (c) * * * * *

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