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DELTONA CORPORATION v. INDIAN PALMS, INC.

No. 74-1460.

323 So.2d 282 (1975)

The DELTONA CORPORATION, by and through Its Division, Imperial Lumber, Appellant, v. INDIAN PALMS, INC., Appellee.

District Court of Appeal of Florida, Second District.

December 19, 1975.

Attorney(s) appearing for the Case

William S. Blakeman, Campbell, Dunlap, Coward & Blakeman, Lakeland, for appellant.

Wayne Thomas, Trenam, Simmons, Kemker, Scharf & Barkin, Tampa, for appellee.

McNULTY, Chief Judge.

Appellant-materialman's duly filed mechanic's lien was transferred from appellee-owner's real property to a surety deposit bond fully covering the lien pursuant to § 713.24(1), F.S. 1973. In this suit subsequently filed to foreclose the lien, the trial court dismissed appellee-owner and ordered joinder of New Hampshire Insurance Company, the surety on the aforesaid bond, on the grounds that appellee-owner was no longer a proper party to...

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