07-3083 MARY A. NIEHAUS v. BIG BEN

State: Florida

Court: Florida First District Court

Docket No: 07-3083

Case Date: 06/02/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MARY A. NIEHAUS, Petitioner, v. BIG BEN'S TREE SERVICE, INC., Respondent. _____________________________/ NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-3083

Opinion filed June 2, 2008. Petition for Writ of Certiorari - Original Jurisdiction. W.K. Lally of W.K. Lally, P.A., Jacksonville, for Petitioner. Christopher J. Iseley and John F. Maroney of Tritt & Franson, P.A., Jacksonville, for Respondent.

HAWKES, J. Petitioner challenges a circuit court order affirming the trial court's imposition of a construction lien on her property. Petitioner argues the circuit court departed from the essential requirements of the law by upholding the lien, as the parties never

entered into a valid contract upon which the lien could be based. We agree. The trial court made the following five findings of fact that are dispositive in resolving this case:

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