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STATE-WIDE CONSTR., INC. v. DOWDA

No. 81-1535.

418 So.2d 1238 (1982)

STATE-WIDE CONSTRUCTION, INC., a Florida Corporation, Appellant, v. Claude M. DOWDA and Donald N. Cooper, Appellees.

District Court of Appeal of Florida, Fifth District.

September 8, 1982.

Attorney(s) appearing for the Case

Robert G. Murrell, of Sam E. Murrell & Sons, Orlando, for appellant.

C. Reed Guthridge, of van den Berg, Gay & Burke, P.A., Orlando, for appellees.

DAUKSCH, Judge.

This is an appeal from an order dismissing a mechanic's lien foreclosure action.

This is a case of first impression and we are asked to interpret the meaning of "deliver" as it is meant in section 713.06(3)(d)(1):

The contractor shall give to the owner an affidavit stating, if that be the fact, that all lienors under his direct contract have been paid in full or, if the fact be otherwise, showing the name of each lienor who has not...

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