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SCOTT v. HAUFLER

No. BS-355.

526 So.2d 996 (1988)

Thomas M. SCOTT and Dorothea P. Scott, As Trustees of the Thomas M. Scott, D.D.S., P.A. Defined Benefit Plan of Live Oak, Florida, Appellants, v. Oscar E. HAUFLER, Eugene B. Haufler, and Ernest L. Haufler, J. David O'Bryan, Judith L. O'Bryan, A.W.F., Inc., Central Builder Supplies of Gainesville, Inc., O.C. Bass, Chance, Eng, and Denman, Inc., Allied Steel Erectors, Inc., Clemen L. Kutz and G. Blair McCarvey As Partners of World Realty Fund, Ltd., Berry J.C. Walker, Florida Rock Industries, Inc., Shine Co., Inc., Jimmy Cleveland, Guy Cleveland, D/B/a Imperial Construction Management Co., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 8, 1988.

Attorney(s) appearing for the Case

Barry A. Bobek, P.A., Jacksonville, for appellants.

Nancy E. Yenser and James G. Feiber, Jr. of Salter, Feiber & Yenser, Gainesville, for appellees.

SMITH, Chief Judge.

The Scotts appeal an order setting priorities as to the surplus proceeds of a foreclosure sale. Having determined that the mechanics liens of all of the appellees/lienors, with the exception of Florida Rock Industries, Inc., were discharged upon failure of those appellees to file an enforcement action within one year, as required by section 713.22(1), Florida Statutes (1985), we agree with the Scotts that their mortgage lien was entitled to priority...

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