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LUTHER WALKER TRUCKING CO., INC. v. FERNANDEZ

No. 73-72.

285 So.2d 667 (1973)

LUTHER WALKER TRUCKING CO., INC., Appellant, v. Louis FERNANDEZ, Appellee.

District Court of Appeal of Florida, Second District.

November 21, 1973.

Attorney(s) appearing for the Case

John C. Dew and George F. Meehan, Harris, Barrett & Dew, St. Petersburg, for appellant.

No appearance for appellee.

MANN, Chief Judge.

The trial court correctly determined that Walker Trucking had not perfected a statutory Mechanic's Lien. However, the action should have continued as one for money damages under the contract. See Port Carlos Trailer Park v. Warren Brothers Co., 240 So.2d 165 (2nd DCA Fla. 1970). See also Fla. Const. Art. V, § 2(a), F.S.A.

Reversed and remanded with directions to enter a partial final...

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