Opinion
No. 73-72.
November 21, 1973.
Appeal from the Circuit Court, Pinellas County, C. Richard Leavengood, J.
John C. Dew and George F. Meehan, Harris, Barrett Dew, St. Petersburg, for appellant.
No appearance for appellee.
The trial court correctly determined that Walker Trucking had not perfected a statutory Mechanic's Lien. However, the action should have continued as one for money damages under the contract. See Port Carlos Trailer Park v. Warren Brothers Co., 240 So.2d 165 (2nd DCA Fla. 1970). See also Fla. Const. Art. V, § 2(a), F.S.A.
Reversed and remanded with directions to enter a partial final summary judgment.
BOARDMAN, J., and COWART, JOE A., Jr., Associate Judge, concur.