03-1177 OVERNIGHT V. FIRST NATIONAL

State: Florida

Court: Florida Third District Court

Docket No: 03-1177 OVERNIGHT V. FIRST NATIONAL

Case Date: 12/03/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2003

OVERNIGHT SUCCESS CONSTRUCTION, INC., Appellant, vs. THE FIRST NATIONAL BANK OF HOMESTEAD, etc., Appellee.

** ** ** ** ** CASE NO. 3D03-1177 LOWER TRIBUNAL NO. 00-18498

Opinion filed December 3, 2003. An Appeal from the Circuit Court for Miami-Dade County, Margarita Esquiroz, Judge. Pepe & Nemire, and Thomas F. Pepe, for appellant. Weller & Losner, and Thomas R. Weller, for appellee.

Before COPE, GODERICH and FLETCHER, JJ.

PER CURIAM.

The trial court's finding that the plaintiff did not

willfully competent,

exaggerate

its

claim

of

lien

was

supported Inc.

by v.

substantial

evidence.

Delta

Painting,

Baumann, 710 So. 2d 663, 664 (Fla. 3d DCA 1998). Therefore, we affirm the order under review. Affirmed.

2

Download 03-1177 OVERNIGHT V. FIRST NATIONAL.pdf