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RITE-WAY PAINTING & PLASTER., INC. v. TETOR

No. 90-02366.

582 So.2d 15 (1991)

RITE-WAY PAINTING & PLASTERING, INC., a Florida Corporation, Appellant, v. Williard TETOR and Velma Tetor, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 17, 1991.

Attorney(s) appearing for the Case

Diane E. McGill of Turk & Shipp, Cape Coral, for appellant.

Michael B. McIver of Aloia, Dudley, Roosa, Sutton, McIver & Burandt, Cape Coral, for appellees.

THREADGILL, Acting Chief Judge.

This is an appeal by the plaintiff below, Rite-Way Painting and Plastering, Inc., from a final judgment finding Rite-Way's notice to owner, served pursuant to the mechanic's lien statute, untimely. Rite-Way also appeals an order dismissing with prejudice a count for quantum meruit from the amended complaint. We reverse.

Rite-Way, a subcontractor, entered into an oral agreement with general contractors to provide stucco, drywall...

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