
    John B. KENNELLY, Appellant, v. MARLER PROPERTIES OF DEERFIELD, INC., a Florida Corporation, et al., Appellees.
    No. 77-986.
    District Court of Appeal of Florida, Fourth District.
    Nov. 15, 1978.
    Rehearing Denied Dec. 22, 1978.
    Michael H. Krul, Terrence J. Russell and Steven J. Gutter of Ruden, Barnett, McClo-sky, Schuster & Schmerer, Fort Lauderdale, for appellant.
    Kenneth R. Mikos of Friedrich, Kersten, Blackwell & Mikos, Fort Lauderdale, for appellee-Everglades Paving Co., Inc.
   PER CURIAM.

AFFIRMED.

DAUKSCH, J., and BASKIN, NATALIE, Associate Judge, concur.

ANSTEAD, J., dissents, with opinion.

ANSTEAD, Judge,

dissenting:

The trial court held that an amended claim of lien had priority over a previously recorded mortgage by allowing the amendment to relate back to a prior claim of lien filed before the mortgage, but on another parcel of property. See Section 713.08, Florida Statutes (1975). I do not believe it was proper to allow the amendment to relate back. Nor do I find the mortgagee’s knowledge of the lien to be controlling. I think the mortgage, recorded prior in time, has priority over the amended claim of lien.  