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Florida District Courts of Appeal, 1976

General Development Corp. v. Bennett

General Development Corp. v. Bennett
Florida District Courts of Appeal · Decided March 24, 1976 · Boardman, Hobson, McNulty
329 So. 2d 32; 1976 Fla. App. LEXIS 14008 (Southern Reporter, Second Series)

General Development Corp. v. Bennett

Opinion of the Court

HOBSON, Judge.

This is an interlocutory appeal from an order denying the appellant’s motion to dis*33miss 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.

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