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Gator Utilities Service, Inc. v. Trafford Pine Estates, Inc.

District Court of Appeal of Florida, Second District
Jun 30, 1976
334 So. 2d 676 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1539.

June 30, 1976.

Appeal from the Circuit Court, Collier County, Harold S. Smith, J.

Joseph R. Locker, Jr., of Taylor Locker, Naples, for appellant.

John C. Dick and Owen C. McLaughlin, Law Offices of John C. Dick, Coral Gables, for appellee.


Appellant brings for review a summary judgment in favor of appellee on appellant's counterclaim to foreclose its mechanic's lien.

The trial court found that there was no genuine issue of a material fact as to appellant's claim of lien having been filed more than 90 days subsequent to the last furnishing of labor and services by appellant. The deposition of Caesar Castella shows that there is a genuine issue of material fact as to the last date of labor and services performed by appellant.

Therefore, the summary judgment is reversed and the cause remanded.

McNULTY, C.J., and HOBSON and BOARDMAN, JJ., concur.


Summaries of

Gator Utilities Service, Inc. v. Trafford Pine Estates, Inc.

District Court of Appeal of Florida, Second District
Jun 30, 1976
334 So. 2d 676 (Fla. Dist. Ct. App. 1976)
Case details for

Gator Utilities Service, Inc. v. Trafford Pine Estates, Inc.

Case Details

Full title:GATOR UTILITIES SERVICE, INC., APPELLANT, v. TRAFFORD PINE ESTATES, INC.…

Court:District Court of Appeal of Florida, Second District

Date published: Jun 30, 1976

Citations

334 So. 2d 676 (Fla. Dist. Ct. App. 1976)