Gate City, Inc. v. Arnold Construction Co.

McCAIN, DAVID L., Associate Judge.

Appellant appeals entry of a summary final judgment for appellee, Sun & Surf of Palm Beach, Inc. We reverse.

The chronology of pertinent events leading to this appeal are: Appellant, as a mate-rialman, filed a mechanic’s lien foreclosure suit against the landowner, Sun & Surf of Palm Beach, Inc., and the contractor; a bond to discharge any lien that may have been filed was posted prior to the suit; upon motions to dismiss, appellant’s complaint was dismissed with leave to amend within a stated time; following expiration of the time and no amended complaint…