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FEDERATED STORES REALTY v. BURNSTEIN

No. 80-463.

392 So.2d 573 (1980)

FEDERATED STORES REALTY, INC., Federated Department Stores, Inc., Alan Restaurant Corp. D/B/a Danny's Restaurant, Swensen's of Plantation, Inc., and Palm Beach Confections, Inc., Petitioners, v. The Honorable Miette K. BURNSTEIN, a Judge of the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, Respondent, v. KINGLAND CONTRACTING CORPORATION, Intervenor.

District Court of Appeal of Florida, Fourth District.

November 5, 1980.

Attorney(s) appearing for the Case

Miles E. Shlopack of Gubman, Sitomer & Lubitz, Miami, for petitioners.

Mitchell B. Luber of Watson, Hubert, LaSalle & Clark, Fort Lauderdale, for intervenor.

No appearance for respondent.

HERSEY, Judge.

Petitioners seek a writ of mandamus to compel the trial court to discharge certain mechanics' liens under the provisions of Section 713.21(4), Florida Statutes (1979).

Claims of lien were filed against various leasehold interests in The Broward Mall for improvements made by subcontractors and materialmen pursuant to a construction contract with Kingland Contracting Corporation, the general contractor. An attempt to lien the underlying fee simple...

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