District Court of Appeal of Florida January 21, 1977, No. 76-325 (Marson v. Comisky)

DURANT, Jr., N. JOSEPH, Associate Judge.

This involves an action brought in the trial court by plaintiff-appellee to enforce a mechanic’s lien. After taking the plaintiff’s deposition, appellant-defendant filed a motion for summary judgment which was denied. This appeal ensued.

The defendant raises two points for reversal, both of which are meritorious.