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NEW IMAGE CARPETS, INC. v. SANDERY CONST., INC.

No. 88-824.

541 So.2d 1235 (1989)

NEW IMAGE CARPETS, INC., a Dissolved Florida Corporation, by Ralph JAMES, Michael James and Joann James, As Last Board of Directors and Statutory Trustees, Appellant, v. SANDERY CONSTRUCTION, INC., Lois Webb, Mallory L. Johnson and Wife, Lenell O. Johnson, and Community National Bank at Bartow, Appellees.

District Court of Appeal of Florida, Second District.

February 10, 1989.

Attorney(s) appearing for the Case

Stephen F. Baker, Winter Haven, for appellant.

Stephen K. Brooks of Stanley, Wines, Bennett, Murphy, Spanjers & Helms, P.A., Winter Haven, for appellee Sandery Const.

James P. Hahn of Hahn, Breathitt & Watson, P.A., Lakeland, for appellees Webb, Johnson and Community Nat. Bank.

LEHAN, Acting Chief Judge.

We affirm the dismissal with prejudice of a subcontractor's mechanic's lien amended complaint for failure to serve a timely notice upon the owner as required by section 713.06(2)(a), Florida Statutes (1987).

We do not agree with appellant that the fact that the general contractor with whom appellant contracted was a member of a joint venture which owned the property to which the subcontractor...

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