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PUYA v. SUPERIOR POOLS, SPAS & WATERFALLS

Nos. 4D04-3733, 4D04-4867.

902 So.2d 973 (2005)

Ernest PUYA, Appellant, v. SUPERIOR POOLS, SPAS & WATERFALLS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

June 8, 2005.

Attorney(s) appearing for the Case

Cindy L. Olea, David J. Valdini, and Sharon Kung of Valdini & Palmer, P.A., Fort Lauderdale, for appellant.

Adam J. Hodkin and Stephen J. Padula of Taylor, Hodkin, Kopelowitz & Ostrow, P.A., Fort Lauderdale, for appellee.

GROSS, J.

This case involves a disagreement between a homeowner, appellant Ernest Puya, and a swimming pool contractor, appellee Superior Pools, Spas & Waterfalls, Inc., arising out of a contract to construct a swimming pool on the homeowner's property. We reverse the foreclosure of the lien for failure of the contractor to comply with a statutory condition precedent and reduce the amount of damages due to a failure of proof at trial.

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