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NATIONAL LOAN INVESTORS, L.P. v. BURGHER

No. 98-4364.

742 So.2d 406 (1999)

NATIONAL LOAN INVESTORS, L.P., Appellant/Cross-Appellee, v. Carlton BURGHER, Unknown Spouse of Carlton Burgher, City of Lauderdale Lakes, and Unknown Parties in Possession n/k/a Sheik Rahamafulla, Appellees, and Ben's Reliable Roofing, Inc., a Florida corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

September 1, 1999.

Attorney(s) appearing for the Case

William J. Boyce of William J. Boyce, P.A., St. Petersburg, for appellant/cross-appellee.

Lawrence J. Meyer of Lawrence J. Meyer, P.A., Hollywood, for appellee/cross-appellant.

DELL, J.

National Loan Investors, L.P. ("NLI") appeals a summary final judgment of foreclosure that granted Ben's Reliable Roofing, Inc. ("Ben's") one-half of its $3,900 mechanic's lien priority over NLI's mortgage. Appellant contends that the trial court improperly granted Ben's lien priority because NLI's mortgage was recorded first. We agree and reverse the award of priority to Ben's for part of its lien. We affirm as...

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