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HERMAN v. BOB WOSCHNIK CONSTR. INC.

No. 76-1043.

336 So.2d 1 (1976)

William R. HERMAN and Myrtle Herman, His Wife, Appellants, v. BOB WOSCHNIK CONSTRUCTION, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

August 6, 1976.

Attorney(s) appearing for the Case

Alexander Myers of Jacknin & Myers, Palm Beach, for appellants.

William S. Wood, Tequesta, for appellee.

PER CURIAM.

Upon due consideration of the briefs and record in this cause we are of the opinion that the trial court lacks jurisdiction to proceed on plaintiff's complaint predicated upon a claim of lien because of the failure to allege that the affidavit required by Section 713.06(3)(d)1 F.S. as a prerequisite to the institution of suit has been filed. See Brown v. First Federal Sav. & L. Ass'n of New Smyrna, 160 So.2d 556<...

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