MORETRENCH CORPORATION v. BRONSON & VEAL ENTERPRISES, INC.

No. 71-749.

262 So.2d 206 (1972)

MORETRENCH CORPORATION, a Foreign Corporation, Appellant, v. BRONSON & VEAL ENTERPRISES, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

May 19, 1972.


Attorney(s) appearing for the Case

Thomas W. Ruggles and John R. Bush of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellant.

John B. Ritch of the Law Office of Murray W. Overstreet, Jr., Kissimmee, for appellee.


WALDEN, Judge.

Plaintiff failed to give the owner notice that he had recorded a mechanic's lien. That was in direct violation of Ch. 713.06 (2) (a), F.S. 1969, F.S.A., which requires notice be given the owner within forty-five days of cessation of furnishing materials and services.

When plaintiff later tried to foreclose his lien, the trial court dismissed his amended complaint with prejudice solely due to his noncompliance with the above requirement. We disagree...

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