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McMAHAN CONST. CO. v. CAROL'S CARE CTR.

No. 83-1140.

460 So.2d 1001 (1984)

McMAHAN CONSTRUCTION COMPANY, INC., a Florida Corporation, Appellant/Cross-Appellee, v. CAROL'S CARE CENTER, INC., a Florida Corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

December 20, 1984.

Attorney(s) appearing for the Case

C. Allen Watts and Frederick B. Karl, Jr., of Fishback, Davis, Dominick, Bennett, Foster, Owens & Watts, Daytona Beach, for appellant/cross-appellee.

William T. Preston and John Roger Smith, of Landis, Graham, French, Husfeld, Sherman & Ford, P.A., DeLand, for appellee/cross-appellant.

SHARP, Judge.

McMahan Construction Company, Inc. (McMahan) appeals from the dismissal of its amended complaint against Carol's Care Center, Inc., for failure to deliver to the owner (appellee), five days before filing this suit, the affidavit required by sections 713.06(3)(d) and 713.05, Florida Statutes (1983).1 In its order, the trial court also denied McMahan's motion to file a second amended complaint wherein it alleged that an affidavit...

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