FALOVITCH v. GUNN & GUNN CONST. CO.

No. 75-1606.

348 So.2d 560 (1977)

Gerald B. FALOVITCH, Appellant, v. GUNN AND GUNN CONSTRUCTION COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

As Amended on Denial of Rehearing May 4, 1977.


Attorney(s) appearing for the Case

Michael H. Weisser, North Miami Beach, Miller & Russell, Miami, for appellant.

Levine, Reckson & Reed, Miami, for appellee.

Before BARKDULL, HAVERFIELD and NATHAN, JJ.


PER CURIAM.

This is an appeal by Gerald B. Falovitch, defendant in the trial court, from an adverse final judgment foreclosing a mechanic's lien. The sole issue in this appeal is whether the court erred in entering a final judgment foreclosing the mechanic's lien where the plaintiff, Gunn and Gunn Construction Company, failed to allege that it had furnished the defendant with a contractor's affidavit at least five days before instituting suit, as required by Section...

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