SMYLER v. KATZEN

No. 73-719.

289 So.2d 477 (1974)

Noah SMYLER, d/b/a "Noah, Master Painter", Appellant, v. Howard M. KATZEN and ____ Katzen, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

February 5, 1974.


Attorney(s) appearing for the Case

Haves & Teller, Miami, for appellant.

Norman S. Pallot, Miami, for appellees.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.


PER CURIAM.

Plaintiff-appellant appeals from an order granting defendants' motion to dismiss appellant's amended complaint with prejudice. The dismissal was based on the grounds that (1) plaintiff failed to allege in the amended complaint that he delivered to defendants, at least five days prior to filing of the cause, an affidavit of indebtedness or lack thereof pursuant to Fla. Stat. § 713.06(3)(d)(1), F.S.A., and (2) the sum of plaintiff's claim ($880) as...

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