MEMBERY v. HAMMAC

No. 77-1956.

357 So.2d 483 (1978)

Dr. Joan MEMBERY a/K/a Joan H. Membery, a/K/a Joan Hathaway Membery, Appellant, v. Hubert HAMMAC, Builder, Appellee.

District Court of Appeal of Florida, Third District.

April 18, 1978.


Attorney(s) appearing for the Case

Cunningham & Weinstein, Miami, for appellant.

John C. Dick, Coral Gables, for appellee.

Before HAVERFIELD, C.J., PEARSON, J., and CRAWFORD, GRADY L. (Ret.), Associate Judge.


PER CURIAM.

The appellant, Joan H. Membery, is the owner and the defendant in the trial court in a mechanic's lien foreclosure action. The contract between the parties was upon a cost-plus basis. One of the costs alleged is labor in the amount of $15,940.50. Appellant noticed the taking of deposition and issued a subpoena duces tecum to the claimant plaintiff's bookkeeper requesting payroll tax returns in order to controvert the amount of labor involved. The trial...

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