ORLANDO DINNER ENTERTAINMENT, INC. v. ELECTRIC SYSTEMS, INC.

No. 98-1428

722 So.2d 981 (1999)

ORLANDO DINNER ENTERTAINMENT, INC., etc., Appellant, v. ELECTRIC SYSTEMS, INC., etc., Appellee.

District Court of Appeal of Florida, Fifth District.

January 8, 1999.


Attorney(s) appearing for the Case

Scott E. Siverson, Orlando, for Appellant.

Barry Kalmanson, of Barry Kalmanson, Professional Association, Maitland, for Appellee.


PER CURIAM.

AFFIRMED.

GRIFFIN, C.J., and THOMPSON, J., concur.

HARRIS, J., dissents, with opinion.

HARRIS, J., dissenting.

In my view, this is a simple case of Proof or Consequences. If the plaintiff does not prove its entitlement to a lien, it cannot require this non-privity owner to pay the contractor's debt. Since Plaintiff did not prove that it filed its Claim of Lien within 90 days from the last service of labor or material, the...

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