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RONAL BUILDERS, INC. v. POWELL BROTHERS, INC.

No. 75-492.

328 So.2d 869 (1976)

RONAL BUILDERS, INC., Appellant, v. POWELL BROTHERS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 14, 1976.

Attorney(s) appearing for the Case

Leo Greenfield of Law Offices of Leo Greenfield, P.A., North Miami, for appellant.

Richard G. Gordon of McCune, Hiaasen, Crum, Ferris & Gardner, P.A., Fort Lauderdale, for appellee.

DOWNEY, Judge.

We have fully considered the appellate points raised and conclude that they are without merit.

Appellant contends that the lien involved herein is a fraudulent lien as provided in § 713.31(2)(b), F.S. 1973. Such a defense is an affirmative one and must be pleaded. That was not done here. See Midway Shopping Mall, Inc., v. Airtech Air Con., Inc., Fla.App. 1971, 253 So.2d 900.

Since appellee...

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