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General Development Corp. v. Bennett

District Court of Appeal of Florida, Second District
Mar 24, 1976
329 So. 2d 32 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1687.

March 24, 1976.

Interlocutory Appeal, Circuit Court, Charlotte County; William Lamar Rose, Judge.

E. David Johnson, Wotitzky, Wotitzky, Johnson, Mandell Batsel, Punta Gorda, for appellant.

Kenton H. Haymans, Farr, Farr, Haymans, Moseley Odom, Punta Gorda, for appellees.


This is an interlocutory appeal from an order denying the appellant's motion to dismiss appellees' amended complaint. The amended complaint failed to allege service of the claim of lien as required by Florida Statute 713.08, such failure being a point raised on appeal by appellant. Appellees concede that the amended complaint is subject to dismissal for the failure to allege service of the claim of lien and that this cause should be remanded.

REVERSED and REMANDED with the provision that the appellees be given the right to file another amended complaint.

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


Summaries of

General Development Corp. v. Bennett

District Court of Appeal of Florida, Second District
Mar 24, 1976
329 So. 2d 32 (Fla. Dist. Ct. App. 1976)
Case details for

General Development Corp. v. Bennett

Case Details

Full title:GENERAL DEVELOPMENT CORPORATION, APPELLANT, v. GERALD BENNETT AND EDWARD…

Court:District Court of Appeal of Florida, Second District

Date published: Mar 24, 1976

Citations

329 So. 2d 32 (Fla. Dist. Ct. App. 1976)