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KLEIN DEVELOPMENT v. ELLIS K. PHELPS & CO.

No. 2D99-1994.

761 So.2d 441 (2000)

KLEIN DEVELOPMENT, Appellant, v. ELLIS K. PHELPS & CO., Appellee.

District Court of Appeal of Florida, Second District.

June 2, 2000.

Attorney(s) appearing for the Case

Robert C. Gebhardt of Porter, Wright, Morris & Arthur, Naples, for Appellant.

Michael J. Appleton of Marlow, Appleton & Weatherford, P.A., Winter Park, for Appellee.

PARKER, Acting Chief Judge.

Klein Development (Klein) appeals the final summary judgment entered in favor of Ellis K. Phelps & Co. (Phelps) in this construction lien foreclosure action. Because we find that Phelps never released its lien rights, we affirm.

Klein owns a parcel of property that it sought to develop as a new residential subdivision. In 1996, Klein contracted with Cadenhead Construction (Cadenhead...

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