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CLEVELAND TRUST CO. v. OUSLEY SOD CO.

No. 76-676.

351 So.2d 58 (1977)

The CLEVELAND TRUST COMPANY, a Corporation, Appellant, v. OUSLEY SOD COMPANY, a Florida Corporation, Acme Sheet Metal Specialties, Inc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 9, 1977.

Attorney(s) appearing for the Case

Lewis I. Horwitz and Richard D. Rosen of Broad & Cassell, Bay Harbor Islands, for appellant.

Arthur R. Pulskamp, Deerfield Beach, for appellee Ousley Sod Co.

William H. Lefkowitz of Ruden, Barnett, McClosky, Schuster & Schmerer, Fort Lauderdale, for appellee Acme Sheet Metal Specialties, Inc.

DAUKSCH, Judge.

Cleveland Trust Company appeals the Summary Final Judgment of foreclosure of a mechanic's lien claimed by Ousley Sod Company against property owned by Cleveland Trust Company.

The issue raised by this appeal is whether the recording of a notice of lis pendens in a mortgage foreclosure action and a subsequent judicial sale bars enforcement of a mechanic's lien which was unrecorded at the time the notice of lis pendens was filed.

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