E.V. CONST. CO. v. NEWMAN

No. 81-2265.

418 So.2d 291 (1982)

E.V. CONSTRUCTION CO., Appellant, v. Jack O. NEWMAN and Alice J. Newman, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

July 13, 1982.


Attorney(s) appearing for the Case

Kaplan & Hodin, and Abbey L. Kaplan, Miami, for appellant.

Schoninger, Jankowitz & Siegfried and Steven M. Siegfried and David Sofge, Miami, for appellees.

Before BARKDULL, SCHWARTZ and BASKIN, JJ.


SCHWARTZ, Judge.

In an action to impress and foreclose a mechanic's lien, the trial court found against the plaintiff-appellant, a general contractor, solely because it admittedly did not serve the appellees with a notice to owner under Section 713.06(2)(a), Fla. Stat. (1979). We conclude that Section 713.05, which requires no such notice, is instead controlling in the present factual situation and therefore reverse the judgment below.

The operative facts...

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