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CDC BUILDERS, INC. v. RIVIERA ALMERIA, LLC

No. 10-1197.

51 So.3d 510 (2010)

CDC BUILDERS, INC., Petitioner, v. RIVIERA ALMERIA, LLC, et al., Respondents.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied February 4, 2011.

Attorney(s) appearing for the Case

Siegfried, Rivera, Lerner, De La Torre & Sobel and Michael J. Kurzman and Tiffany Hurwitz , Plantation, for petitioner.

Daniels, Kashtan, Downs, Robertson & McGirney, and Richard J. Daniels , Madelyn Simon Lozano , Coral Gables, Jeremy C. Daniels and Ari A. Sweetbaum , Coral Gables, for respondents.

Before RAMIREZ, C.J., and GERSTEN and SALTER, JJ.

RAMIREZ, C.J.

CDC Builders, Inc., appeals the trial court's order granting partial summary judgment. We treat this as a petition for a writ of certiorari. CDC Builders alleges that the trial court erred when it held that the filing of inaccurate interim payment affidavits in violation of chapter 713, Florida Statutes, allows for the discharge of a lien as a matter of law. We agree and therefore grant the petition.

1. Factual Background

Petitioner...

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