Riviera Beach Partnership, Ltd. v. S. I. Goldman Mechanical Contractor

LETTS, Judge.

Appellant takes a timely appeal from a final summary judgment granting foreclosure of a valid mechanic’s lien against appellant’s property.

This cause is reversed.

The facts are that a subcontractor filed a mechanic’s lien foreclosure suit on February 4th, 1974, naming both the general contractor and the owner of the real estate as defendants. The subcontractor was in privity only with the general contractor, and not with the owner. Thereafter, some four months later, on May 28th, 1974, before service was perfected and long before the entry of the summary judgment, the owner…