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S AND T BUILDERS v. GLOBE PROPERTIES, INC.

No. 4D04-4911.

909 So.2d 375 (2005)

S AND T BUILDERS, Petitioner, v. GLOBE PROPERTIES, INC., Respondent.

District Court of Appeal of Florida, Fourth District.

Order Denying Rehearing and Granting Clarification September 23, 2005.

Attorney(s) appearing for the Case

Randall L. Gilbert of the Law Offices of Randall L. Gilbert, P.A., Miami, for petitioner.

Guy M. Shir and Patrick Dervishi of Kahan, Shir & Associates, Boca Raton, for respondent.

PER CURIAM.

We grant this petition for writ of certiorari and remand for an evidentiary hearing.

S and T Builders, Inc., a contractor, seeks to impose and foreclose an equitable construction lien. The defendant/owner moved to dissolve lis pendens or alternatively to require posting of a bond. The motion was considered at a motion calendar hearing and, without an evidentiary hearing, the court set bond in the sum of $480,000.

In the course of the motion...

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