BERKMAN v. FOLEY

No. 97-2417.

709 So.2d 628 (1998)

Dirk BERKMAN, Appellant, v. Walt FOLEY and Mary Foley, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Stricken May 28, 1998.


Attorney(s) appearing for the Case

Kenneth W. Fromknecht, II of Warner, Fox, Seeley, Dungey & Sweet LLP, Stuart, for appellant.

Richard H. Levenstein of Richard H. Levenstein, P.A., Stuart, for appellees.


FARMER, Judge.

We reverse the summary judgment in this mechanics lien foreclosure case upon the following conclusions:

1. The initial summary judgment against the corporate plaintiff, on the grounds that it was not a licensed contractor, was not res judicata against the individual plaintiff who did have the requisite license but was not named as a party at the time of the summary judgment.

2. The amendment to the complaint to add the individual plaintiff...

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