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KENNELLY v. MARLER PROPERTIES OF DEERFIELD, INC.

No. 77-986.

365 So.2d 392 (1978)

John B. KENNELLY, Appellant, v. MARLER PROPERTIES OF DEERFIELD, INC., a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 22, 1978.

Attorney(s) appearing for the Case

Michael H. Krul, Terrence J. Russell and Steven J. Gutter of Ruden, Barnett, McClosky, Schuster & Schmerer, Fort Lauderdale, for appellant.

Kenneth R. Mikos of Friedrich, Kersten, Blackwell & Mikos, Fort Lauderdale, for appellee-Everglades Paving Co., Inc.

PER CURIAM.

AFFIRMED.

DAUKSCH, J., and BASKIN, NATALIE, Associate Judge, concur.

ANSTEAD, J., dissents, with opinion.

ANSTEAD, Judge, dissenting:

The trial court held that an amended claim of lien had priority over a previously recorded mortgage by allowing the amendment to relate back to a prior claim of lien filed before the mortgage, but on another parcel of property. See Section 713.08...

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