HUTTON v. 3-L ENTERPRISES, INC.

No. 82-742.

431 So.2d 277 (1983)

Mary HUTTON, Appellant, v. 3-L ENTERPRISES, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

May 12, 1983.


Attorney(s) appearing for the Case

Stephen A. Rappenecker, Gainesville, for appellant.

John D. Mussoline, Palatka, for appellee.


ORFINGER, Chief Judge.

This is an appeal from a final judgment entered in favor of the general contractor in a mechanics' lien foreclosure action. We reverse.

The complaint fails to allege the delivery to the owner of the contractor's affidavit required by section 713.06(3)(d)(1), Florida Statutes (1981), and the owner's motion to dismiss the complaint because of this omission was denied. That statute says:

(d) When the final payment under a direct...

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