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Florida District Courts of Appeal, 1973

Luther Walker Trucking Co. v. Fernandez

Luther Walker Trucking Co. v. Fernandez
Florida District Courts of Appeal · Decided November 21, 1973 · Boardman, Cowart, Joe, Mann
285 So. 2d 667; 1973 Fla. App. LEXIS 6420 (Southern Reporter, Second Series)

Luther Walker Trucking Co. v. Fernandez

Opinion of the Court

MANN, Chief Judge.

The trial court correctly determined that Walker Trucking had not perfected a statutory Mechanic’s Lien. However, the action should have continued as one for money damages under the contract. See Port Carlos Trailer Park v. Warren Brothers Co., 240 So.2d 165 (2nd DCA Fla. 1970). See also Fla.Const. Art. V, § 2(a), F.S.A.

Reversed and remanded with directions to enter a partial final summary judgment.

BOARDMAN, J., and COWART, JOE A., Jr., Associate Judge, concur.

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