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GENERAL DEVELOPMENT CORP. v. BENNETT

No. 75-1687.

329 So.2d 32 (1976)

GENERAL DEVELOPMENT CORPORATION, Appellant, v. Gerald BENNETT and Edward G. Cridland D/B/a B.J.E. Industries, Inc., Appellees.

District Court of Appeal of Florida, Second District.

March 24, 1976.

Attorney(s) appearing for the Case

E. David Johnson, Wotitzky, Wotitzky, Johnson, Mandell & Batsel, Punta Gorda, for appellant.

Kenton H. Haymans, Farr, Farr, Haymans, Moseley & Odom, Punta Gorda, for appellees.

HOBSON, Judge.

This is an interlocutory appeal from an order denying the appellant's motion to dismiss appellees' amended complaint. The amended complaint failed to allege service of the claim of lien as required by Florida Statute 713.08, such failure being a point raised on appeal by appellant. Appellees concede that the amended complaint is subject to dismissal for the failure to allege service of the claim of lien and...

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