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WOOL WHOLESALE PLUMBING SUPPLY, INC. v. ABDO

No. 77-1579.

365 So.2d 216 (1978)

WOOL WHOLESALE PLUMBING SUPPLY, INC., a Florida Corporation, Appellant, v. John E. ABDO, a Single Man, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

December 13, 1978.

Attorney(s) appearing for the Case

Charles S. Dale of Dale & Stevens, Fort Lauderdale, for appellant.

John B. DiChiaro of DiGiulian, Spellacy & Bernstein, Fort Lauderdale, for appellees.

SCHWARTZ, ALAN R., Associate Judge.

The plaintiff appeals from the dismissal with prejudice of its first amended complaint in an action for the foreclosure of an alleged materialman's lien. The trial court dismissed the case upon a determination that the face of the pleading revealed that the plaintiff had not timely filed a notice to owner within 45 days of first delivery as required by § 713.06(2)(a), Fla. Stat. (1975). We hold that the complaint properly alleged...

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