Triangle Distributors, Inc. v. Travelers' Indemnity Co. of Hartford

PEARSON, Judge.

In a recent opinion this Court held that under the 1961 Mechanic’s Lien Statute [Fla.Stat.1961, § 84.24(2), F.S.A.] a surety upon the bond to which lien had been transferred was not a proper party in an action to establish and foreclose the Mechanic’s Lien. See Kleinman v. Bal Harbour Towers, Inc., Fla.App.1966, 188 So.2d 398. The question presented upon this interlocutory appeal is whether or not that rule has been changed by the enactment of § 84.241, which contains a new subsection as follows:

“(3) Any party having an interest in such security or the property from which the…