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JACK STILSON & CO. v. CALOOSA BAYVIEW CORPORATION

No. 71-686.

265 So.2d 85 (1972)

JACK STILSON & CO., a Florida Corporation, Appellant, v. CALOOSA BAYVIEW CORPORATION, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 22, 1972.

Attorney(s) appearing for the Case

Pavese, Shields, Garner, Haverfield & Kluttz, Fort Myers, for appellant.

Smoot, Whigham & Bigelow, Fort Myers, for appellee.

LILES, Acting Chief Judge.

Appellant, a general contractor, filed a claim of lien under Chapter 713, Fla. Stat. F.S.A. The appellee-property owner countered with a notice of contest. Subsequently, the contractor filed an amended claim of lien. The contractor then filed suit to foreclose this amended claim of lien, said suit being later dismissed when appellant elected to file a notice of voluntary dismissal. The appellant contractor then instituted a new suit to foreclose...

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