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BREA v. MPS INDUSTRIES, INC.

No. 78-2375.

372 So.2d 212 (1979)

Cesar Augusto BREA and Savra Knowlton Brea, a/k/a Dr. & Mrs. Brea, Appellants, v. MPS INDUSTRIES, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

June 26, 1979.

Attorney(s) appearing for the Case

Greenberg, Traurig, Askew, Hoffman, Lipoff, Quentel & Wolff and David W. Trench, Miami, for appellants.

Getelman & Gersten and Michael J. Getelman, Miami, for appellee.

Before PEARSON, BARKDULL and HUBBART, JJ.

PEARSON, Judge.

The appellants, Dr. and Mrs. Brea, were the defendants in an action to foreclose a mechanic's lien1 brought by a materialman, MPS Industries, Inc. The trial court struck an affirmative defense filed by the defendants and thereafter entered a summary final judgment of foreclosure. The facts were undisputed and the points presented urge an error of law in striking the affirmative defense. We affirm.

The defendant...

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