SARASOTA COMMERCIAL REFRIGERATION v. SCHOOLEY

Nos. 79-1401, 79-1432.

381 So.2d 1141 (1980)

SARASOTA COMMERCIAL REFRIGERATION AND AIR CONDITIONING, INC.; James A. Horton, D/B/a Coastal Tile Co.; Venice Fill & Shell, Inc., D/B/a Venice Grading & Lot Clearing; Nokomis Septic Tank, Inc.; Gator Paving Corp.; and Ward Curry, D/B/a ABC Heating and Cooling, Appellants, v. Richard W. SCHOOLEY; Patricia A. Watts; Stites Construction Co.; Brown & Whalen Glass; Stottlemyer and Shoemaker Lumber Company of Venice; and Moore Roofing, Inc., Appellees. Ward CURRY, D/B/a ABC Heating and Cooling, Appellant, v. Richard W. SCHOOLEY; Patricia A. Watts; Stites Construction Co.; Venice Fill & Shell, Inc., D/B/a Venice Grading & Lot Clearing; Brown & Whalen Glass; James A. Horton, D/B/a Coastal Tile Co.; Nokomis Septic Tank, Inc.; Stottlemyer and Shoemaker Lumber Company of Venice; and Moore Roofing, Inc., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 20, 1980.


Attorney(s) appearing for the Case

I.W. Whitesell, Jr. of Wood, Whitesell & Karp, Sarasota, for appellant Sarasota Commercial Refrigeration and Air Conditioning, Inc.

Steven J. Chase of Drymon, Robinson & Clark, Sarasota, for James A. Horton, d/b/a Coastal Tile Co., Inc.

Steven L. Sommerfield, Venice, for Venice Fill and Shell, Inc., d/b/a Venice Grading & Lot Clearing.

Bruce D. Chapman of Berg & Chapman, Venice, for Nokomis Septic Tank, Inc.

Stephen E. Tanner of the Law Offices of W. Eugene Williams, Jr., Venice, for Gator Paving Corp.

W. Russell Snyder, Venice, for Ward Curry, d/b/a ABC Heating and Cooling.

Charles J. Cheves of Cheves & Rapkin, Venice, for appellees Richard W. Schooley and Patricia A. Watts.


BOARDMAN, Acting Chief Judge.

Plaintiffs Sarasota Commercial Refrigeration & Air Conditioning, Inc. (Sarasota) et al. appeal a final summary judgment in favor of appellees/defendants Schooley and Watts. The order of summary judgment was predicated on the requirement of Section 713.06(2)(a), Florida Statutes (1977) that mechanics' lienors serve a notice to owners of real property in order to be entitled to a mechanics' lien on the property. We hold that Section...

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