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VALMOR DISTRIBUTORS INC. v. KANTER ENTER., INC.

Nos. 83-2616, 84-1740.

474 So.2d 1202 (1985)

VALMOR DISTRIBUTORS, INC., Appellant, v. KANTER ENTERPRISES, INC., Oceancrest Condominium Apartments, Inc., Donner Enterprises, Inc., and United States Fidelity and Guaranty Company, Appellees.

District Court of Appeal of Florida, Fourth District.

On Motion for Clarification July 10, 1985.

Rehearing and Intervention Denied September 25, 1985.

Attorney(s) appearing for the Case

Martin D. Kahn and Patricia E. Kahn of Martin D. Kahn, P.A., North Miami, for appellant.

Joel M. Weissman of Joel M. Weissman, P.A., West Palm Beach, for appellees.

PER CURIAM.

We conclude that it was error for the trial court to dismiss the claim for a mechanic's lien. Accordingly, we reverse the dismissal, remand for retrial and direct on remand that the surety bond be reinstated. We also reverse the award of appellee's attorney's fee.

Because the trial court's finding that appellant is due $48,260 is not contrary to the manifest weight of the evidence, appellant can recover no more than that amount on the contract...

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