NIEHAUS v. BIG BEN'S TREE SERVICE, INC.

No. 1D07-3083.

982 So.2d 1253 (2008)

Mary A. NIEHAUS, Petitioner, v. BIG BEN'S TREE SERVICE, INC., Respondent.

District Court of Appeal of Florida, First District.

June 2, 2008.


Attorney(s) appearing for the Case

W.K. Lally of W.K. Lally, P.A., Jacksonville, for Petitioner.

Christopher J. Iseley and John F. Maroney of Tritt & Franson, P.A., Jacksonville, for Respondent.


HAWKES, J.

Petitioner challenges a circuit court order affirming the trial court's imposition of a construction lien on her property. Petitioner argues the circuit court departed from the essential requirements of the law by upholding the lien, as the parties never entered into a valid contract upon which the lien could be based. We agree.

The trial court made the following five findings of fact that are dispositive in resolving this case:

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