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SHORES OF INDIAN RIVER v. GART URBAN ASSOC.

Nos. 85-976, 85-977.

478 So.2d 893 (1985)

The SHORES OF INDIAN RIVER, INC., a Dissolved Florida Corporation, Petitioner, v. GART URBAN ASSOCIATES, INC., a Florida Corporation, Respondent. The BAYTREE CORPORATION, a Florida Corporation, Petitioner, v. GART URBAN ASSOCIATES, INC., a Florida Corporation, Respondent.

District Court of Appeal of Florida, Fourth District.

December 4, 1985.

Attorney(s) appearing for the Case

Louis B. Vocelle, Jr. of Moss, Henderson & Lloyd, P.A., Vero Beach, for petitioners.

Alan R. Stone of Goldberg, Semet, Lickstein & Morgenstern, Coral Gables, for respondent.

PER CURIAM.

We deny the petitions for writ of certiorari on the authority of McMahan Construction Company v. Carol's Care Center, Inc., 460 So.2d 1001 (Fla. 5th DCA 1984), which decision we adopt and approve. We believe the facts of that case, as well as the similar facts involved herein, are distinguishable from prior cases on the issue of the filing of a contractor's affidavit as a condition to maintaining an action for...

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