GATE CITY, INCORPORATED v. ARNOLD CONSTRUCTION CO.

No. 70-439.

243 So.2d 637 (1971)

GATE CITY, INCORPORATED, a Florida Corporation, Appellant, v. ARNOLD CONSTRUCTION COMPANY, a Florida Corporation, and Sun & Surf of Palm Beach, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

February 5, 1971.


Attorney(s) appearing for the Case

Neil J. LaHurd, of Parkhurst & LaHurd, Fort Lauderdale, for appellant.

F. Martin Perry and Harry W. Meshaw, Jr., of Levy, Plisco & Zalla, West Palm Beach, for appellee Sun & Surf.


McCAIN, DAVID L., Associate Judge.

Appellant appeals entry of a summary final judgment for appellee, Sun & Surf of Palm Beach, Inc. We reverse.

The chronology of pertinent events leading to this appeal are: Appellant, as a materialman, filed a mechanic's lien foreclosure suit against the landowner, Sun & Surf of Palm Beach, Inc., and the contractor; a bond to discharge any lien that may have been filed was posted prior to the suit; upon motions to...

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