Legal Opinion · Dissent

Gay v. Mujica

District Court of Appeal of Florida

Decided December 23, 1964No. 5271Published

1DissentSmith, Chief Judge

I concur in that part of the decision of the majority to the effect that these lienors were required to file a notice of pendency of the action because (1) they were not made parties defendant in an action to enforce another lien in which such a notice had been filed and the lien was not transferred to a cash deposit or bond, which are the exceptions as to notice stated in § 84.-21, Fla.Stat., F.S.A., and (2) the action of *86the owners in which they were a party was not an action to foreclose a mortgage or other lien upon the same real property in which a notice of pendency of action was filed,…

2Cases cited9 opinions

  1. Trushin v. BrownDistrict Court of Appeal of Florida · 1961
  2. West Plumbing & Heating Co. v. HurleyDistrict Court of Appeal of Florida · 1964
  3. Adams v. Kenson Supply Co.District Court of Appeal of Florida · 1962
  4. Cox v. HruzaNew Jersey Superior Court Appellate Division · 1959
  5. Cowherd & Sanderlin, Inc. v. Modern Improvement Co.District Court of Appeal of Florida · 1962

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