West Plumbing & Heating Co. v. Hurley

WILLIS, BEN C., Associate Judge.

Appellant-plaintiff sued the defendant Hurley, as Bishop of the Diocese of St. Augustine, to foreclose its alleged lien under Chapter 84, Florida Statutes, 1961, F.S.A.1 on real property of this defendant. The lien is alleged to arise out of a subcontract plaintiff had with the general contractor of a construction contract with defendant Hurley for the improvement of the latter’s property. A motion to dismiss the first amended complaint was denied, but *329in the order of denial the trial court directed that the plaintiff join as a party defendant in the cause H.…