No. 38435.
Supreme Court of Florida.
Oct. 1, 1969.
Rehearing Denied Feb. 5, 1970.
Richard L. Lapidus, Miami, for petitioners.
Gerald M. Walsh, of Walsh & Dolan, Fort Lauderdale, for respondent.
Writ of certiorari having heretofore issued, argument having been heard, and the court having examined the record and briefs, it appears that the writ was improvidently issued. Accordingly, the writ of certiorari heretofore issued in this cause is discharged. See Conway v. Sears, Roebuck and Co. (Fla.1966), 185 So.2d 697.
It is so ordered.
ROBERTS, DREW, THORNAL and CARLTON, JJ., concur.
ERVIN, C. J., concurs specially with opinion.
(concurring specially) :
I agree to the Court’s judgment herein but would go a step further and construe the mechanic lien statutes to make no unequal distinctions between any subcontractors (sub-sub-sub, etc.) where timely and appropriate notices of their lien claims are given. See my dissent in Conway v. Sears, Roebuck and Co., supra.
230 So. 2d 149
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