ASSOC. TEL & COM. v. DUTCH VIL. MOBILE HOMES

No. 76-1298.

347 So.2d 746 (1977)

ASSOCIATED TELEVISION AND COMMUNICATIONS, INC., a Florida Corporation Doing Business As Associated Telecom, Appellant, v. DUTCH VILLAGE MOBILE HOMES OF MELBOURNE, LTD., a Limited Partnership, Abraham Zimmerman, Marvin Miller, Edward Kaye, General Partners, and Kyle, Inc. of Georgia D/B/a Carns Concrete Pipe Company, Appellees.

District Court of Appeal of Florida, Fourth District.

June 17, 1977.


Attorney(s) appearing for the Case

Joseph S. Gillin, Jr., of Storms, Pappas & Krasny, P.A., Melbourne, for appellant.

Edward J. Richardson, of Saxon & Richardson, P.A., Melbourne, for appellees, Dutch Village Mobile Homes, Abraham Zimmerman, Marvin Miller and Edward Kaye.

Charles M. Harris, of Crofton, Holland, Starling, Harris & Severs, P.A., Titusville, for appellee, Kyle, Inc. of Georgia.


LETTS, Judge.

This interlocutory appeal stems from the trial court's granting of a motion to dismiss with prejudice, because the appellant failed to file its cross-claim within one year after recording its claim of lien. We reverse.

The essential facts are that the appellant filed a claim of mechanic's lien on January 13th, 1975 and a complaint to foreclose said lien some four months later. The named defendants in that suit included not only the owner with...

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