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MacINTYRE v. TORRES

No. 77-496.

358 So.2d 101 (1978)

Alexander C. MacINTYRE, Appellant, v. Marcelo TORRES, Appellee.

District Court of Appeal of Florida, Third District.

May 2, 1978.

Attorney(s) appearing for the Case

Adams, George, Schulte & Ward and Amy Shield Levine, Miami, for appellant.

Chopin & Chopin, Joseph M. Gersten, Kenneth W. Rijock, Miami, for appellee.

Before HAVERFIELD, C.J., PEARSON, J., and CHARLES CARROLL (Ret.), Associate Judge.

PEARSON, Judge.

This is the second appearance of this cause before the court; see Torres v. MacIntyre, 334 So.2d 59 (Fla. 3d DCA 1976). The prior appeal was from a dismissal of the complaint with prejudice for failure of the subcontractor/lienor to file the notice of intention to claim lien within forty-five days of commencing to furnish the services or materials. We held that it was not an absolute bar to the lienor's claim...

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