STATE v. FERRARI

No. 58603.

398 So.2d 804 (1981)

STATE of Florida, Appellant, v. Franco FERRARI and Charles Tarantino, Appellees.

Supreme Court of Florida.

Rehearing Denied June 19, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Phillip D. Havens, Asst. Atty. Gen., Daytona Beach, for appellant.

Robert J. Buonauro, Orlando, and James Weart, Sanford, for Franco Ferrari and Charles Tarantino, appellees.


ADKINS, Justice.

This case comes to the Court on direct appeal from the Circuit Court of the Ninth Judicial Circuit in and for Orange County. We have jurisdiction since the court below held section 713.34(3), Florida Statutes (1979), unconstitutional. Art. V, § 3(b)(1), Fla. Const.

On March 29, 1978, F & C Builders, a partnership formed by appellees, contracted with Dr. R.W. Geldner to make improvements to his residence at a cost of $38,280. An advance...

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