AFFIRMED.

specially concurring.

I concur in affirmance of the trial court under the rationale of Emery v. International Glass & Mfg., Inc., 249 So.2d 496 (Fla. 2d DCA 1971), since appellants delayed their motion to dismiss the equitable mechanic’s lien foreclosure action until the cause had been fully tried, at which time the trial court properly denied foreclosure of the lien, but also properly entered a money judgment based on the contractual obligation established by the evidence.