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COTTON ST. MUT. v. HUNT TRUCK SALES

No. 80-760.

395 So.2d 563 (1981)

COTTON STATES MUTUAL INSURANCE COMPANY, Etc., Appellant, v. HUNT TRUCK SALES AND SERVICE, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

February 18, 1981.

Attorney(s) appearing for the Case

John S. McEwan, II, of Sanders, McEwan, Mims & McDonald, Orlando, for appellant.

Stephen B. Rakusin, Gainesville, and James R. Lavigne, of Lavigne & Davis, P.A., Winter Park, for appellee.

COWART, Judge.

If a lienor is joined as a party defendant in an action filed within the statute of limitations on the lienor's claim,1 but does not file a counterclaim to enforce his right to a lien or to payment under a substituted payment bond2 until after the running of such limitations, are the lienor's rights barred?

We affirm the trial court in holding that the lienor's rights were not barred...

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