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DOUG HAMBEL'S PLUMBING, INC. v. CONWAY

No. 4D01-3843.

831 So.2d 704 (2002)

DOUG HAMBEL'S PLUMBING, INC., Appellant, v. Miles V. CONWAY, Vero Ventures, Inc., a Florida corporation, d/b/a Skyline Scaffold CO., and Crom Equipment Rentals, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 12, 2002.

Attorney(s) appearing for the Case

Allan P. Whitehead of Frese, Nash & Hansen, P.A., Melbourne, for appellant.

Howard W. Poznanski, Boca Raton, for appellee Miles V. Conway.

KLEIN, J.

Appellant subcontractor performed work on appellee Conway's home which was under construction and, having not been paid, sued for damages and to foreclose a mechanic's lien. The court concluded that there was a contract implied in law for which the subcontractor could recover damages but not a lien. We conclude that the subcontractor established a contract implied in fact which does entitle it to a lien and reverse...

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