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PHOENIX WALLS, INC. v. LIBERTY PASADENA, LLC

No. 2D07-1542.

980 So.2d 1286 (2008)

PHOENIX WALLS, INC., Petitioner, v. LIBERTY PASADENA, LLC, Respondent.

District Court of Appeal of Florida, Second District.

May 16, 2008.

Attorney(s) appearing for the Case

Margaret E. Sojourner of Langston, Hess, Bolton, Shepard & Augustine, P.A., Maitland, for Petitioner.

Nicole E. Durkin and Brian J. Deeb of Deeb & Brainard, P.A. (withdrew after briefing), St. Petersburg; no further appearance for Respondent.

ALTENBERND, Judge.

Phoenix Walls, Inc., seeks certiorari review of a circuit court order that discharged its construction lien against property owned by Liberty Pasadena, LLC (the Owner). The order also dismissed Phoenix Walls' claim seeking to foreclose the lien and dissolved a lis pendens related to the lien. The circuit court departed from the essential requirements of the law by resolving factual disputes affecting the validity of the lien at a non-evidentiary...

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