FONTAINEBLEAU HOTEL CORPORATION v. LOWRY ELECTRIC CO., INC.

No. 72-331.

269 So.2d 738 (1972)

FONTAINEBLEAU HOTEL CORPORATION, a Florida Corporation, Appellant, v. LOWRY ELECTRIC CO., INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 20, 1972.


Attorney(s) appearing for the Case

Richard P. Kenney, Miami, for appellant.

Patton, Kanner, Nadeau, Segal & Stobs, Miami, for appellee.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.


PER CURIAM.

This appeal is by the defendant below from an adverse judgment in a mechanics' lien foreclosure action.

The appellant seeks reversal upon the contention that the plaintiff lienor was barred from recovery because of its failure to furnish an affidavit stating that all lienors had been paid in full, etc., as required of a contractor under § 713.06(3) (d) Fla. Stat., F.S.A. We hold the contention is without merit. That defense was not pleaded...

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