Economy Suppliers & Fabricators, Inc. v. Centennial Homes, Inc.

WALDEN, Chief Judge.

Plaintiff sub-contractor appeals from a trial court order dismissing its complaint with prejudice and discharging the mechanic’s lien plaintiff had recorded against the defendant owner. We affirm the dismissal on the grounds the complaint was not adequate to support plaintiff’s claim. Plaintiff did not properly plead privity between plaintiff and owner, Foley Lumber Co. v. Koester, 61 So.2d 634 (Fla.1952):

“ ‘In order to create privity under the lien statute, there must be, in- addition to knowledge of the owner that a certain person is furnishing labor or material for the…