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CANAM SYS., INC. v. LAKE BUCHANAN DEV. CORP.

No. 78-1008/NT 4-8.

375 So.2d 582 (1979)

CANAM SYSTEMS, INC., a Delaware Corporation, Appellant-Cross-Appellee, v. LAKE BUCHANAN DEVELOPMENT CORPORATION and United General Corporation, Appellees-Cross-Appellants, v. UNITED BUILDING SYSTEMS, INC., Paul L. Hennes, Individually, Howard N. Rose, Individually, Samuel Gartner, Individually and Aetna Insurance Company, a Foreign Insurer, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 9, 1979.

Attorney(s) appearing for the Case

Irby G. Pugh, Orlando, for appellant-cross-appellee.

Harlan Tuck, of Giles, Hedrick & Robinson, Orlando, for appellees-cross-appellants.

LETTS, GAVIN K., Associate Judge.

Two Claims of Lien filed under the Mechanics' Lien Statute were transferred to bond within a few days after recordation. Less than two weeks later, the mechanics' lienor filed suit to foreclose his liens but failed to name as defendants, either the surety, or the principals on the bond, until he attempted to do so some 3 years later. In granting a motion to dismiss with prejudice, the trial court noted inter alia that suit against...

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