GAZEBO LANDSCAPE DESIGN v. BILL FREE CUSTOM HOMES, INC.

No. 92-3274.

638 So.2d 87 (1994)

GAZEBO LANDSCAPE DESIGN, INC., Appellant, v. BILL FREE CUSTOM HOMES, INC., a Florida Corporation, Sheldon E. Stunkel and Sally Stunkel, Appellees.

District Court of Appeal of Florida, Fourth District.

Clarification Denied July 7, 1994.


Attorney(s) appearing for the Case

Robert E. Ferencik, Jr., Leiby Ferencik Libanoff and Brandt, P.A., Miami, for appellant.

Christopher L. Kurzner and Steven E. Stark, Fowler, White, Burnett, Hurley, Banick & Strickroot, P.A., Miami, for appellees.


POLEN, Judge.

Appellant, Gazebo Landscape Design, Inc., sought to enforce a mechanic's lien against the appellee homeowners, Bill and Sally Stunkel (the Stunkels), for landscape work done, including the planting of hand selected trees. The trial court refused to enforce the mechanic's lien, and entered judgment in favor of the Stunkels on the grounds that Gazebo did not serve them with a notice to owner within forty-five days after commencing to furnish service or...

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