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RIVERA v. HAMMER HEAD CONSTR. & DEVELOPMENT

Nos. 5D08-549, 5D08-1672.

14 So.3d 1190 (2009)

Samuel RIVERA, Appellant, v. HAMMER HEAD CONSTRUCTION & DEVELOPMENT, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 7, 2009.

Attorney(s) appearing for the Case

Jack W. Shaw, Jr., of Jack W. Shaw, Jr., P.A., Winter Park, for Appellant.

Peter F. Carr, Jr., of The Carr Law Firm, P.A., Orlando, for Appellee.

ORFINGER, J.

Samuel Rivera hired Hammer Head Construction and Development Corporation to make repairs and improvements to a townhouse he owned. After the project was substantially completed, a dispute arose between the parties concerning the amount owed to Hammer Head. As a result, Hammer Head recorded a claim of lien, and then filed suit seeking damages and to foreclose its lien. Hammer Head's complaint alleged that "all conditions precedent to the filing of this...

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