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VISTA LANDSCAPING, INC. v. HECK

No. 77-2106.

366 So.2d 1264 (1979)

VISTA LANDSCAPING, INC., Appellant, v. Adam C. HECK and Jacasa Properties, Inc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

February 7, 1979.

Attorney(s) appearing for the Case

Vernon Swartsel of Anderson & Rush, Orlando, for appellant.

Philip W. Watson and William C. Martin, III, of Akerman, Senterfitt & Eidson, Orlando, for appellees.

PER CURIAM.

This is an appeal from a final summary judgment denying a subcontractor's claim for an equitable lien against the undisbursed balance of a second loan made by the appellees, to complete construction of an apartment project.

The appellant claims that he is entitled to an equitable lien against the loan funds on the basis of unjust enrichment and affirmative deception. First, appellant asserts that any time there is an undisbursed loan fund in existence...

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