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SHELTEE, INC. v. DAVIS

No. 85-541.

472 So.2d 831 (1985)

SHELTEE, INC., d/b/a Shelton Ferrari, Petitioner, v. Thomas DAVIS, d/b/a Tide Racing, High Tide, Respondent.

District Court of Appeal of Florida, Fourth District.

July 10, 1985.

Attorney(s) appearing for the Case

Bob Zwicky, Fort Lauderdale, for petitioner.

Perry S. Itkin of Perry S. Itkin, P.A., Fort Lauderdale, for respondent.

DELL, Judge.

Petitioner filed a claim of lien pursuant to section 713.585, Florida Statutes (1983) for repairs performed on respondent's automobile. Respondent posted a bond in accordance with section 559.917, Florida Statutes (1983) and obtained the release of his automobile. Fifty-seven days after respondent posted its bond, petitioner filed suit for breach of contract, account stated and open account. The complaint does not contain an express count to enforce petitioner...

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