Sinclair Refining Co. v. J. H. Cobb, Inc.

KANNER, Chief Judge.

This appeal, interlocutory in nature, inquires whether the filling station of appellant, Sinclair Refining Company, is subject to enforcement of a mechanic’s lien because of failure, under the trial court’s interpretation, to comply by its contract with the builder or otherwise with the statutory withholding provision.

Suit was brought under the contention that the requisite of section 84.05(11) (a), Florida Statutes, F.S.A., for the withholding by the owner of 20 per cent of each periodic payment due the building contractor had not been complied with. After the suit had…