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BISHOP SIGNS, INC. v. MAGEE

No. 85-2134.

494 So.2d 532 (1986)

BISHOP SIGNS, INC., Appellant/Cross Appellee, v. Peter MAGEE, John Mahon D/B/a P.J. Cavanaugh's Restaurant, Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

October 1, 1986.

Attorney(s) appearing for the Case

Stephen F. Radford, Jr. of Cibula, Gaunt & Pratt, West Palm Beach, for appellant/cross appellee.

Timothy H. Kenney of Timothy H. Kenney, P.A., West Palm Beach, for appellees/cross appellants.

STONE, Judge.

The appellant-sign contractor failed to serve a contractor's affidavit prior to suit as required for the foreclosure of a mechanic's lien by section 713.06(3)(d)1, Florida Statutes (1985). That section provides:

The contractor shall have no lien or right of action against the owner for labor, services, or materials furnished under the direct contract while in default for not giving the owner the affidavit. The contractor shall execute the affidavit...

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