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PENINSULAR SUPPLY CO. v. C.B. DAY REALTY OF FLA., INC.

No. 81-1973.

423 So.2d 500 (1982)

PENINSULAR SUPPLY COMPANY, Appellant, v. C.B. DAY REALTY OF FLORIDA, INC., and the Haskell Company, Appellees.

District Court of Appeal of Florida, Third District.

December 14, 1982.

Attorney(s) appearing for the Case

Smith & Hulsey and Douglas P. McClurg, Jacksonville, Stephen B. Rakusin, Gainesville, for appellant.

Rogers, Towers, Bailey, Jones & Gay and G. Kenneth Norrie, Jacksonville, for appellees.

Before HENDRY, NESBITT and FERGUSON, JJ.

FERGUSON, Judge.

We reverse the order of the trial court dismissing appellant's complaint seeking to impress an equitable lien against undisbursed construction funds.

Appellant, Peninsular Supply Company, is a materialman not in privity with the owner. The owner C.B. Day entered into a contract with a general contractor HASKELL to construct a motel in Dade County, Florida. HASKELL subcontracted with BUTLER1 for plumbing materials...

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