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J.W. ROLLE DEVELOPMENT CORP. v. NEUMAN

No. 4D04-1965.

910 So.2d 349 (2005)

J.W. ROLLE DEVELOPMENT CORP., Appellant, v. Marvin NEUMAN, Appellee.

District Court of Appeal of Florida, Fourth District.

September 14, 2005.

Attorney(s) appearing for the Case

Gary Sasso, Jose A. Loredo, Nancy C. Ciampa and Henry G. Gyden of Carlton Fields, P.A., Tampa, for appellant.

Nancy Little Hoffman of Nancy Little Hoffman, P.A., Pompano Beach, and Philip M. Warren of Philip M. Warren, P.A., Pompano Beach, for appellee.

KLEIN, J.

Appellant, a general contractor, appeals a judgment awarding damages to a homeowner based on a summary judgment determining that the contractor filed a fraudulent mechanics' lien. See § 713.31(2)(a), Fla. Stat. (2001). We reverse.

The contractor and the homeowner entered into an oral agreement to renovate a home. The agreement provided that the contractor would receive twenty-five percent of...

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