Dodson v. Florida Nursery & Landscape Co.

Buford, J. —

The appeal is from an order denying motion to dismiss bill of complaint in a suit to foreclose a contractor’s alleged lien under the provisions of Chapter 17097, Acts of 1935.

The bill shows that the alleged lien grew out of the performance of a contract for improvements on real estate between the owner and the contractor lien claimant.

Sub-section 3 of Section 4 of the Act, supra, provides: “When final payment becomes due the contractor from the owner, the contractor shall give to the owner a statement under oath stating, if that be the fact, that all lienors contracting directly…