C.L. WHITESIDE v. LANDINGS JOINT VENTURE

No. 91-3611.

626 So.2d 1051 (1993)

C.L. WHITESIDE & ASSOCIATES CONSTRUCTION CO., INC., a Florida corporation, Appellant, v. The LANDINGS JOINT VENTURE, a Florida general partnership, and Ragland Construction Co., a Florida corporation, and United States Fidelity and Guaranty Co., a Maryland corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

November 10, 1993.


Attorney(s) appearing for the Case

Blake M. Harmon and George A. Patterson of George A. Patterson, P.A., Deerfield Beach, for appellant.

Arnold L. Berman of Shutts & Bowen, West Palm Beach, for appellees.


FARMER, Judge.

This case requires that we decide whether there is a triable issue as to a common identity between an owner and a general contractor so that a formal notice to owner is not required to establish the mechanic's lien of a subcontractor. We find record evidence from which the trier of fact might find a common identity here and reverse a summary judgment dismissing a mechanics' lien claim for lack of a notice to owner.

Here the property was owned...

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