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OOLITE INDUSTRIES, INC. v. MILLMAN CONST. CO.

No. 86-780.

501 So.2d 655 (1987)

OOLITE INDUSTRIES, INC., Appellant, v. MILLMAN CONSTRUCTION COMPANY, Inc. and Fidelity and Deposit Company of Maryland, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 24, 1987.

Attorney(s) appearing for the Case

Taylor, Brion, Buker & Greene and James W. Moore, Miami, for appellant.

Bedzow & Korn and Allan M. Glaser, Irving B. Levenson, Miami, for appellees.

Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.

BARKDULL, Judge.

We find no error in the trial court holding that for a materialman to a subcontractor to perfect a mechanic's lien against a payment bond for "fabricated materials" he must file a 45 day notice as required by Section 713.23(1)(d) Florida Statutes. (1985)1 Combs v. St. Joe Papermaker Federal Credit Union, 383 So.2d 298, 299 (Fla...

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