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SPERRY BUILDERS, INC. v. DEWBAR DEVELOPMENT CORPORATION

No. 80-1807.

400 So.2d 192 (1981)

SPERRY BUILDERS, INC., a Florida Corporation, Appellant, v. DEWBAR DEVELOPMENT CORPORATION; Dewberry Development Corporation; Gaye Brown Windisch; Davidson Lumber Company; Millwork Corporation; Higgins Plastering Company, Inc.; Maule Industries, Inc.; Miami Quality Concrete Company, Inc. and the City of Miami Springs, a Municipal Corporation, Appellees.

District Court of Appeal of Florida, Third District.

June 30, 1981.

Attorney(s) appearing for the Case

Ralph F. Miles, Hialeah, for appellant.

Lionel Barnet, Miami, for appellees.

Before BARKDULL and FERGUSON, JJ., and MELVIN, WOODROW M. (Ret.), Associate Judge.

PER CURIAM.

In previous litigation, Sperry Builders, Inc., sought to foreclose a mechanic's lien upon the subject real property in Dade County, Florida. The trial court entered a final judgment on December 3, 1979 to the effect that a first mortgage owned by a defendant-counterclaimant constituted a first lien on the property and that plaintiff's mechanic's lien was secondary. The mortgage lien referred to was foreclosed in its status of first lien priority over all...

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