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BUFFALO TANK CORP. v. ENV. CONTROL EQUIP., INC.

No. 88-00041.

544 So.2d 1037 (1989)

BUFFALO TANK CORPORATION, Appellant, v. ENVIRONMENTAL CONTROL EQUIPMENT, INC., and City of Auburndale, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 22, 1989.

Attorney(s) appearing for the Case

Charles R. Mayer of Mayer & Mayer, Highland City, for appellant.

Warren J. Knaust and Anthony P. Valente, Jr., of Knaust & Byrne, St. Petersburg, for appellee Environmental Control Equipment, Inc.

Robert E. Pyle, Lake Alfred, and Adrian Gabaldon, Auburndale, for appellee City of Auburndale.

ALTENBERND, Judge.

Buffalo Tank appeals a partial final judgment which dismisses the City of Auburndale and denies Buffalo Tank's claim of equitable lien against funds retained by the City during the construction of a public work. Although we disagree with the reasoning utilized by the trial court, we affirm on alternative grounds.

Buffalo Tank filed a complaint against Environmental Control Equipment, Inc. (ECE), and the City. The complaint alleged that Buffalo...

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