Hutton v. 3-L Enterprises, Inc.

431 So.2d 277 (1983)

Mary HUTTON, Appellant,

v.

3-L ENTERPRISES, INC., Appellee.

No. 82-742.

District Court of Appeal of Florida, Fifth District.

May 12, 1983.

Stephen A. Rappenecker, Gainesville, for appellant.

John D. Mussoline, Palatka, for appellee.

ORFINGER, Chief Judge.

This is an appeal from a final judgment entered in favor of the general contractor in a mechanics' lien foreclosure action. We reverse.

The complaint fails to allege the delivery to the owner of the contractor's affidavit required by section 713.06(3)(d)(1), Florida Statutes (1981), and the owner's motion to dismiss the complaint…