LUTHER WALKER TRUCKING v. FERNANDEZ

MANN, Chief Judge.

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.