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ESSEX CRANE RENTAL CORP. v. MILLMAN CONST. CO.

No. 87-607.

516 So.2d 1130 (1987)

ESSEX CRANE RENTAL CORPORATION OF ALABAMA, Appellant, v. MILLMAN CONSTRUCTION COMPANY, INC., and Fidelity and Deposit Company of Maryland, Appellees.

District Court of Appeal of Florida, Third District.

December 22, 1987.

Attorney(s) appearing for the Case

Robert B. Worman, Orlando, for appellant.

Cypen & Cypen and Stephen Cypen, Miami Beach, for appellees.

Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ.

SCHWARTZ, Chief Judge.

In an action by the owner of a large construction crane on a mechanic's lien payment bond posted under section 713.23, Florida Statutes (1983), the trial court entered summary judgment for the defendants, the contractor and surety, on the ground that the notice to contractor required by section 713.23(1)(d)1 had not been timely served. In so doing, the court held that the forty-five day period for the notice in question...

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