HIERS v. THOMAS

No. 84-104.

458 So.2d 322 (1984)

Judith K. HIERS, As Personal Representative of the Estate of Donald B. Hiers, Appellant, v. Paul THOMAS, Jr., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 5, 1984.


Attorney(s) appearing for the Case

J. Jeffrey Rice of Goldberg, Rubinstein & Buckley, P.A., Fort Myers, for appellant.

Robert L. Donald, Peter J. Gravina and William M. Powell of Pavese, Shields, Garner, Haverfield, Dalton & Harrison, Fort Myers, for appellee.


OTT, Judge.

For the reasons hereinafter stated, we conclude the trial court erroneously dismissed appellant's suit to enforce a claim of lien. The court also erred in dissolving appellant's claim of lien and lis pendens.

The following facts are taken from appellant's amended complaint. The decedent contracted to build a single-family dwelling for appellee. The decedent commenced construction but died before the dwelling was completed. Appellant, decedent's...

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