HERPEL, INC. v. STRAUB CAPITAL CORP.

No. 95-3771.

682 So.2d 661 (1996)

HERPEL, INC., Appellant, v. STRAUB CAPITAL CORP., a Florida Corporation, Individually and as General Partner of The Blossom Estate, Ltd., a Florida Partnership, The Blossom Estate, Ltd., a Florida Limited Partnership and Mike Moore Construction Co., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Clarification Denied January 14, 1997.


Attorney(s) appearing for the Case

Richard S. Cohen, West Palm Beach, and Paul Thibadeau, Palm Beach, for appellant.

J. Kory Parkhurst and Bruce G. Alexander of Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell, West Palm Beach, for appellees.


STEVENSON, Judge.

In this action to foreclose a mechanic's lien, the trial court granted summary judgment in favor of the defendants/appellees on the ground that the lien was not recorded within 90 days of the final furnishing of materials to the job site as required by section 713.08(5), Florida Statutes (1993). Because we find that, as a matter of law, the lien was timely, we reverse and direct the trial court to enter partial summary judgment in favor of the appellant...

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