Florida District Courts of Appeal, 1963

Modern Painting Co. v. Scheinberg

Modern Painting Co. v. Scheinberg
Florida District Courts of Appeal · Decided August 6, 1963 · Barkdull, Carroll, Horton
155 So. 2d 561 (Southern Reporter, Second Series)

Modern Painting Co. v. Scheinberg

Opinion of the Court

PER CURIAM.

Appellant’s complaint for foreclosure of a mechanic’s lien was dismissed by the chancellor on defendants’ motion when it appeared that the lien had become outlawed by lapse of time for failure of the lien claimant to file in the circuit court the notice required by § 84.21, Fla.Stat., F.S.A. In so ruling the chancellor was eminently correct, and we affirm the order of dismissal on the authority of Cowherd & Sanderlin, Inc. v. Modern Improvement Co., Fla.App.1962, 142 So.2d 786, and authorities cited therein.

Affirmed.

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