CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 15507, 2002 WL 31374820
...On July 6, 2001, Dracon filed a claim of lien and on September 14, 2001, filed an amended claim of lien in the amount of $418,973.00. Facility filed a transfer bond and the clerk transferred the amended lien to the bond by issuing a clerk's certificate of transfer. *1070 Pursuant to section 713.21(4), Florida Statutes (2001), Facility filed a complaint seeking an order cancelling the lien....
...The clerk issued an alias summons directing Dracon "to show cause within 20 days why the claims of lien described in counts one and two in the attached copy of the complaint should not be enforced by action or vacated and canceled of record pursuant to Florida Statutes 713.21(4)." Twenty days after service of the summons, Dracon served its answer....
...Twenty-three days after service of the summons, Dracon filed an amended answer setting forth affirmative defenses and a counterclaim. Facility moved to vacate and cancel the liens because Dracon had not filed its affirmative defenses and counterclaim within the twenty days required by section 713.21(4)....
...The trial court entered an order vacating Dracon's liens. A petition for writ of certiorari is the appropriate vehicle to seek review of an order granting a motion to vacate a lien. See A & M Painting v. Jennings,
598 So.2d 335 (Fla. 4th DCA 1992). In a section
713.21(4) proceeding, after an "interested party" files a complaint for discharge, the clerk "shall issue a summons to the lienor to show cause within 20 days why his or her lien should not be enforced by action or vacated and canceled of record." §
713.21(4)....
...The statute states: "Upon failure of the lienor to show cause why his or her lien should not be enforced or the lienor's failure to commence such action before the return date of the summons the court shall forthwith order cancellation of the lien." Id. "A complaint for discharge under [section] 713.21(4) is a special statutory proceeding and a lienor must strictly comply with its provisions to protect his lien." Goldberger v....
...Florida Rule of Civil Procedure 1.010 provides that for a special statutory proceeding, unless the civil rules "specifically provide to the contrary," it is the statute governing the proceeding that controls the form, content, procedure, and time for pleading. The "language of [section
713.21(4) ] requires that an action for enforcement be filed within 20 days or that cause be shown within that period why enforcement should not be commenced." Federated Stores Realty, Inc. v. Burnstein,
392 So.2d 573, 574 (Fla. 4th DCA 1980). A "`lienor may commence an action to enforce his lien under
713.21(4), by filing a lien foreclosure action as a counterclaim.' " Mainlands,
482 So.2d at 1370 (quoting Goldberger,
358 So.2d at 863)....
...There was nothing for the subsequent and untimely counterclaim to relate back to. The answer did not comply with the requirements placed upon a lienor by the statute. This case is comparable to Sturge. There, a lienor filed a motion for enlargement of time to respond to a section
713.21(4) complaint on the twentieth day after service.
643 So.2d at 54. The third district held that the motion did not constitute "good cause" as required by the statute, making the lien subject to discharge. Id. at 55. The court wrote that: [Section
713.21(4)] requires "that an action for enforcement be filed within 20 days or that cause be shown within that period why enforcement should not be commenced." The statute provides the sole procedure available to lienors in response to an action of this nature....
...A lienor must strictly comply with the statutory provisions to protect its lien The statute does not contain a provision authorizing extensions of time which would serve to toll the statutory twenty-day period. Id. (citations omitted). In a special statutory proceeding, such as one under section
713.21(4), the trial court does not have the same discretion to bend time requirements that might be allowed under the rules of civil procedure. See Matrix Constr. Corp. v. Mecca Constr. Inc.,
578 So.2d 388, 389 (Fla. 3d DCA 1991). Discussing the strict time requirements of a section
713.21(4) proceeding, the third district has written: The legislature has conferred upon materialmen, workmen, and others enumerated in chapter 713, the special privilege of asserting a mechanic's lien against the real property benefit....
...'s lien be promptly litigated. This is the obvious reason that one whose property has been liened is granted the right to initiate a petition creating a twenty-day limit in which to assert by counterclaim or otherwise a foreclosure of the lien under section 713.21(4)....
CopyCited 13 times | Published | District Court, S.D. Florida | 1974 U.S. Dist. LEXIS 7707
...[8] Failure to serve any claim of lien in the prescribed manner within ten days after recording renders the claim of lien voidable to the extent that such failure or delay is shown to have been prejudicial to any person entitled to rely on it. F.S. §
713.08(4) (c), F.S.A. [9] F.S. §
713.21(3), F.S.A. [10] F.S. §
713.21(4), F.S.A....
...[24] Plaintiffs point out that under the statute in question, the Clerk of the Court files the claim of lien; no bond is required of the lienor; and the creditor is not required to immediately institute suit. The latter distinction is not well made. See F.S. §§
713.21(3) and
713.22, F.S.A.
CopyCited 13 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 60, 1986 Fla. LEXIS 1647
...(Mainlands), the owner of the improved property, refused to pay the final draw. Respondent, Wen-Dic Construction Co., Inc., (Wen-Dic), filed a claim of lien on February 11, 1983. On March 24, 1983, Mainlands filed suit seeking to discharge the mechanic's lien pursuant to section 713.21, Florida Statutes (1983)....
...Wen-Dic answered and filed a counterclaim requesting foreclosure of the mechanic's lien in count I. After several filings by each party, Mainlands sought dismissal of count I of Wen-Dic's amended counterclaim on the ground that Wen-Dic was barred from foreclosing the lien under section 713.21(4), Florida Statutes (1983). Under section 713.21(4), after a complaint for discharge of a mechanic's *1370 lien has been filed, the lienor must show cause, within twenty days, why the lien should not be canceled or vacated....
...nor protecting the rights of their assignee. Mainlands asserts that the trial court's dismissal of the lien was proper because the amended count I of the counterclaim was filed more than twenty days after the complaint for discharge of the lien, and section
713.21(4) requires the lienor to show cause within twenty days or risk having the lien canceled. The district court reversed the trial court's dismissal stating that Wen-Dic's counterclaim seeking to foreclose the lien was a proper means of avoiding a cancellation of the lien under section
713.21(4). We agree. In Goldberger v. United Plumbing and Heating, Inc.,
358 So.2d 860 (Fla. 4th DCA 1978), the court stated that "[a] lienor may commence an action to enforce his lien under
713.21(4), by filing a lien foreclosure action as a counterclaim......
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...Five subcontractors recorded claims of lien against the owners' property in early 1976. Three separate lawsuits relating to these liens were filed below and then consolidated. The order appealed pertains to only two of the actions below. In Case No. 76-493, Appellants filed a complaint to discharge four liens pursuant to Section 713.21(4), Florida Statutes (1975), alleging the existence of a valid contractor's payment bond as grounds for discharge of the liens recorded against their property....
...If the lienor takes no steps to foreclose his lien, the owner may rely on the passage of time and the claim of lien will die a natural death. Another option available to the owner is to take the affirmative step of filing a complaint to discharge the lien. Section 713.21(4), Florida Statutes (1975)....
...If the payment bond defense appears on the face of the foreclosure complaint, the owner may raise the defense by a motion to dismiss. Hunt Truck Sales and Service v. Bonanza Construction, Inc.,
353 So.2d 612 (Fla. 4 DCA 1977). In a proceeding under §
713.21(4), the owner files a complaint for discharge and a summons is issued to each lienor named in the complaint to show cause why his lien should not be enforced by action (filing of a lawsuit to foreclose) or vacated and cancelled of record. If the lienor fails to show cause or to commence an action to enforce his lien before the return date of the summons, "the Court shall forthwith order cancellation of the lien." A complaint for discharge under §
713.21(4) is a special statutory proceeding and a lienor must strictly comply with its provisions to protect his lien. Wesley Construction Co. v. Yarnell,
268 So.2d 454 (Fla. 4 DCA 1972). A lienor may commence an action to enforce his lien, and thereby avoid cancellation of the lien under §
713.21(4), by filing a lien foreclosure action as a counterclaim to the owner's §
713.21(4) complaint. Id. Since Nutting Engineers of Florida, Inc. made no response to the owners' §
713.21(4) complaint to discharge its lien, the owners were entitled to an order discharging Nutting's lien. In fact, §
713.21(4) mandates cancellation of the lien if a timely response is not made. §
713.21(4) does not require a hearing or even notice to the lienor before an order of discharge is entered....
...The order vacating the order discharging Coastal Reinforcing's lien has the effect of reinstating a voluntarily disclaimed lien and is error. However, the liens claimed by United Plumbing and Heating, Inc. and Atlantic Steel Fabricators, Inc. were improperly discharged. Both of these lienors timely answered Appellants' § 713.21(4) complaint to discharge. Atlantic Steel counterclaimed for foreclosure of its lien and United Plumbing and Heating, Inc., by way of affirmative defense, informed the trial court that it had already taken steps to foreclose its lien in a separate pending action. § 713.21(4) mandates discharge of a lien by the court only if the lienor fails timely to show cause or to commence an action to enforce its lien....
...It may well be that Appellants ultimately will prevail on their payment *864 bond defense, if properly pleaded in the foreclosure actions brought by these two lienors. However, Appellants are not entitled to a summary discharge of the two liens in a § 713.21(4) proceeding since both lienors have taken timely action to enforce their liens. Accordingly, there was no basis for the trial court's orders discharging these liens in Appellants' § 713.21(4) proceeding....
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...*558 Robert B. Staats of Staats & Nabors, Panama City, for appellant. Marvin A. Urquhart, Jr., of Urquhart & Austin, Panama City, for appellee. SMITH, Judge. By default a judgment was entered against Scott canceling his recorded mechanics lien under § 713.21(4), F.S....
...1973. The claim of lien was recorded in accordance with §
713.08. Premium responded on May 14 by filing a complaint in the circuit court for discharge of the lien and for damages and other relief accorded by §
713.31 against fraudulent liens. Sec.
713.21(4) provides in part: "Upon filing a complaint ......
...For the same reasons, we hold that the trial court acted properly within the limits of its discretion in declining to set aside the final judgment against Scott consequent upon the default. Assuming without deciding that trial courts have power to set aside defaults in § 713.21(4) proceedings, this was not a case requiring such extraordinary action by the trial judge....
...ies and that Premium was indebted to Scott "over and above [the amount] set forth in [Premium's] Complaint," the affidavit contains no factual showing either that the lien should not have been enforced by action before June 3 or forthwith cancelled [§
713.21(4)] or that Scott did not willfully exaggerate in asserting a lien of $136,971.16 [§
713.31(2)(a)]....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...not voluntarily release its claim of lien. If subcontractor did not bring an action to enforce its claim of lien within the time prescribed by law the owner could rely on the passage of time to remove the cloud of the improperly filed claim of lien. § 713.21(3)....
...If subcontractor attempted to foreclose its claim of lien the *1197 owner could raise its §
713.23 exemption as an affirmative defense. Alternatively an order vacating and cancelling the claim of lien could be obtained from the Circuit Court as provided by §
713.21(4); however, this procedure requires the filing of a complaint and the issuance of a summons to the lienor to show cause within twenty days why its lien should not be enforced by action or vacated and cancelled of record....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1894
...On September 13, 1984 the board voted to replace the roof. On November 29, 1984 appellant recorded a claim of lien against appellees' condominium unit as provided by section
718.116(4)(a), Florida Statutes (1983). Appellee Nathan Wolfson filed suit to vacate and cancel the lien pursuant to section
713.21(4), Florida Statutes (1983)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...Mitchell B. Luber of Watson, Hubert, LaSalle & Clark, Fort Lauderdale, for intervenor. No appearance for respondent. HERSEY, Judge. Petitioners seek a writ of mandamus to compel the trial court to discharge certain mechanics' liens under the provisions of Section 713.21(4), Florida Statutes (1979)....
...tional. Memoranda were submitted and after due consideration the trial court entered an order, a portion of which, pertinent to these proceedings, provided that: It has been further argued, and memoranda submitted, based upon the Court's query, that Section 713.21(4) Florida Statutes requires as a jurisdictional matter that liens included in Plaintiff's Complaint for a Rule to Show Cause should be discharged and cancelled upon the expiration of the twenty day answer period....
...Finally, the owner of a property interest subjected to a lien has recourse to Section
713.22(2), Florida Statutes (1979) to reduce the time within which action must be commenced to enforce that lien to sixty days. It would be an anomaly to interpret Section
713.21(4), Florida Statutes (1979), as exactly equivalent to that statutory provision with the exception that the period is reduced to twenty days....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...st the general contractor for the amount of its claim. The determinative issue is whether the amended cross-claim, under Fla.R.Civ.P. 1.190 [1] , relates back to the filing of the earlier cross-claim so as to satisfy the time requirement of Sections
713.21(3) [2] ,
713.22(1) [3] ,
713.24(4) [4] , Florida Statutes (1975)....
...1.190(c) provides: When the claim or defense asserted in the amended pleading arose out of the conduct, transaction or occurrence set forth or attempted to be set forth in the original pleading, the amendment shall relate back to the date of the original pleading. [2] Section 713.21, Florida Statutes (1975), provides: A lien properly perfected under this chapter may be discharged by any of the following methods: (3) By failure to begin an action to enforce the lien within the time prescribed in this part I....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1994 WL 523474
...LCS properly recorded a claim of lien. Subsequently, the Sturges filed an action for breach of contract against LCS and Leo Solomon, LCS's primary qualifying agent, individually. The complaint asserted a count requesting that the lien be discharged pursuant to section 713.21(4), Florida Statutes (1993)....
...Mecca Constr.,
578 So.2d 388, 390 (Fla. 3d DCA 1991). The legislature, in Chapter 713, has conferred upon materialmen, workmen, and certain other groups, the special privilege of asserting a mechanic's lien against real property. Matrix Constr. Corp.,
578 So.2d at 389. Section
713.21, Florida Statutes (1993), provides the means by which a properly perfected lien may be discharged....
...time for pleading... ." Fla. R.Civ.P. 1.010. "Consequently, the statute is not subject to the ordinary exercise of judicial discretion." Matrix Constr. Corp.,
578 So.2d at 389. The time limits delineated in the statute must be strictly observed. *55 Section
713.21(4) provides that a lien may be discharged By an order of the circuit court of the county where the property is located, as provided in this subsection....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...eedy and inexpensive determination of every action." There was a construction project. Plaintiff was its general contractor and defendant a sub-contractor. As a consequence, the defendant filed a mechanic's lien. Plaintiff, under the provisions of F.S. 713.21(4), Laws of 1969, F.S.A., [1] filed its complaint against the defendant statutorily asking that the defendant show cause why his lien should not be enforced by action or vacated and canceled....
...and that by virtue thereof, defendant has instituted action to enforce and foreclose his lien." Defendant then counterclaimed in full and appropriate form, asking for the foreclosure of his mechanic's lien. Plaintiff filed a motion to strike, saying there, as here, that the statute, F.S. 713.21(4), F.S.A., does not permit a counterclaim and that the avenue available to defendant was to file a separate timely proceeding....
...Since that was not done, plaintiff feels that the mechanic's lien should be canceled as a matter of law. The trial court considered the matter in detail and ruled that the defendant lienor was within his rights in foreclosing his lien via counterclaim. Plaintiff appeals. We affirm. Repetitively, F.S.A. 713.21(4), F.S.A., provides the means whereby perfected liens may be discharged....
...ction of foreclosure of a mechanic's lien with any other kind of action. Two cases touch on the point raised by this appeal. In McCluskey v. Klock, Fla. 1948,
160 Fla. 537,
35 So.2d 646, an interested party brought an action under the predecessor of Section
713.21(4), and the lienor was ordered to commence a foreclosure action within thirty days or have his lien cancelled....
...edings in the case wherein he was cited. " (Emphasis supplied.) At p. 538, 35 So.2d at p. 647. Gay v. Mujica, Fla.App. 1964,
170 So.2d 83, cert. discharged, Fla. 1965,
178 So.2d 702, was a suit filed under Section 84.23(4), F.S. 1963 (predecessor of
713.21(4)), to show cause why six liens should not be settled pro rata or canceled....
...In conclusion, we hark back to Rule 1.010, supra, and say the result contended for by plaintiff would not be in harmony with the stated intendment of our Rules of Procedure. Finding no error, the order here appealed is affirmed. Affirmed. CROSS, J., and MUSZYNSKI, B.C., Associate Judge, concur. NOTES [1] "713.21 Discharge of lien....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 6184, 2001 WL 485721
...ger. The contract contained an arbitration clause. Contending that it had not been paid amounts which were owed under the contract, Zager recorded a construction lien against the owner's property. JPI filed a complaint to discharge the lien under subsection 713.21(4), Florida Statutes (1999)....
...If the lienor fails to show cause, "the court shall forthwith order cancellation of the lien." Id. On the first page of the complaint, the general contractor stated: By this lawsuit, JPI seeks only to remove a cloud against title to the Property as contemplated by Section 713.21, Florida Statutes, relief which is unavailable in an arbitration proceeding....
...The procedure followed by JPI in this case was a reasonable means to invoke the expedited procedure for clearing liens from real property, while preserving the contractual arbitration mechanism for litigating the merits of the parties' dispute. Until Zager filed its answer and counterclaim under subsection 713.21(4), it could not be known whether Zager intended to enforce the construction lien or would be content to rest solely on its contractual claim....
...See Matrix,
578 So.2d at 389. We fail to see how Zager is prejudiced by our allowing this procedure. We distinguish the decision in Bonner v. RCC Assocs., Inc.,
679 So.2d 794 (Fla. 3d DCA 1996), as having not involved the mechanism for discharge of lien under subsection
713.21(4)....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1993 WL 63493
...Accordingly, Nachon had properly taken steps to avoid cancellation of the lien. See Mainlands Constr. Co., Inc. v. Wen-Dic Constr. Co., Inc.,
482 So.2d 1369 (Fla. 1986). When Alexdex subsequently filed its Motion to Discharge the lien in Circuit Court, pursuant to the provisions of Section
713.21(4), Nachon properly responded by filing a Motion to Dismiss in the Circuit Court action, which advised the Circuit Court judge as to the pendency of the County Court foreclosure action....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 3565, 1991 WL 55683
...Ginsburg, County Atty., and Roy Wood and Tom Logue, Asst. County Atty., Michael Paul Shienvold, for respondent. Before NESBITT, BASKIN and COPE, JJ. NESBITT, Judge. This application for common law certiorari challenges the entry of an order which abated an action brought pursuant to section 713.21(4), Florida Statutes (1989), and allowed the defendant an additional thirty days in which to retain substitute counsel....
...For the reasons stated, we grant the writ with directions to vacate the offending orders *389 and grant the petitioner's motion to discharge the mechanic's lien against real property. On July 2, 1990, the petitioners, Matrix Construction Co., et al., as plaintiffs, filed a complaint in the trial court pursuant to section 713.21(4) to require Mecca Construction Co., Inc., defendant, the holder of a mechanic's lien, to show cause why the lien should not be either a) enforced by timely action or b) cancelled....
...Also, there was no attempt to plead or demonstrate good cause why there should be further enlargement of time. Nonetheless, the trial court granted Mecca's motion, abated the action, and granted Mecca thirty additional days in which to retain substitute counsel. Section 713.21 provides that a lien properly perfected under the lien chapter may be discharged (4) By an order of the circuit court of the county where the property is located, as provided in this subsection....
...pleading in all special statutory proceedings." These matters shall be controlled by the statute itself unless the rules specifically provide otherwise. Federated Stores,
392 So.2d at 574; Wesley Constr.,
268 So.2d at 455. Thus, the time element of section
713.21 is one established by the legislature and recognized by the supreme court in the promulgation of the Florida Rules of Civil Procedure....
...1st DCA 1976), the legislature has likewise mandated that a mechanic's lien be promptly litigated. This is the obvious reason that one whose property has been liened is granted the right to initiate a petition creating a twenty-day limit in which to assert by counterclaim or otherwise a foreclosure of the lien under section 713.21(4)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1995 WL 621338
...Kajak d/b/a Bobby Kajak Plumbing (Kajak), and awarded him money damages and statutory attorney's fees against appellants Michael Hanley and Constance Hanley (Hanleys). We disagree with the trial court's legal conclusion that the Hanleys' commencement of an action pursuant to section
713.21(4), Florida Statutes (1993), resulted in a waiver of the requirement that Kajak file a contractor's final affidavit pursuant to section
713.06(3)(d)(1) as a condition precedent to the maintenance of a lien foreclosure action pursuant to Chapter 713....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 4791048
...We grant the petition because the contractor failed to comply with the statutory lien procedure. Following the recording of the contractor's lien, the owners filed a complaint seeking discharge of the lien, which was served on the contractor, along with an order to show cause issued by the clerk under section 713.21(4), Florida Statutes....
...Any concern about whether the contractor was waiving arbitration could have been satisfied by filing a motion to arbitrate those issues which were subject to arbitration. Zager Plumbing, Inc. v. JPI Nat'l Constr., Inc.,
785 So.2d 660 (Fla. 3d DCA 2001). The twenty day period provided in section
713.21(4) does not allow for exceptions, such as extensions of time, Dracon Construction, Inc....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 5834, 1992 WL 115796
...This appeal arises from a three count complaint filed by appellee Jennings against appellant A & M Painting, Inc. Count I of the complaint was drafted together with a summons to show cause why a lien filed by A & M against Jennings should not be discharged. See § 713.21(4), Fla.Stat....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...r Subsection (2) of Section
713.16, Florida Statutes (the mechanics' lien law) insufficient to deprive appellees of their liens. Appellants (plaintiffs below who are owners of the property) filed a complaint against appellees under Subsection (4) of Section
713.21, Florida Statutes, to require appellees to show cause why their liens should not be enforced by action or vacated and cancelled of record....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2007 WL 2700194
...Michael Chesser and Allison R. Sebastian of Chesser & Barr, P.A., Shalimar, for Appellee. THOMAS, J. Appellants argue that the trial court erred by granting Appellee's motion for reconsideration and failing to vacate Appellee's mechanic's lien pursuant to section 713.21(4), Florida Statutes (2006)....
...We agree; therefore, we reverse and remand with instructions to vacate the lien. A construction contract was entered into between Appellants and Appellee. Appellee later filed a claim of lien alleging that Appellants owed it $190,659.53. Appellants then filed a petition for order to show cause pursuant to section 713.21(4), Florida Statutes (2006), arguing that Appellee's lien was fraudulent and should be discharged....
...lee's lien. *436 Determining whether the trial court erred by refusing to discharge Appellee's lien presents a legal question and, as such, is subject to de novo review. See S. Baptist Hosp. of Fla., Inc. v. Welker,
908 So.2d 317, 319-20 (Fla.2005). Section
713.21, Florida Statutes (2006), states: Discharge of lien.-A lien properly perfected under this chapter may be discharged by any of the following methods: * * * (4) By an order of the circuit court of the county where the property is located, as provided in this subsection....
...d. Upon failure of the lienor to show cause why his or her lien should not be enforced or the lienor's failure to commence such action before the return date of the summons the court shall forthwith order cancellation of the lien. "The `language of [section
713.21(4)] requires that an action for enforcement be filed within 20 days or that cause be shown within that period why enforcement should not be commenced.'" Dracon Constr., Inc. v. Facility Constr. Mgmt., Inc.,
828 So.2d 1069, 1070 (Fla. 4th DCA 2002) (quoting Federated Stores Realty, Inc. v. Burnstein,
392 So.2d 573, 574 (Fla. 4th DCA 1980)). When a property owner invokes section
713.21(4), a lienor must strictly comply with section
713.21(4) in order to preserve its lien, and a trial court is without discretion to deviate from the statutorily specified time limits. Sturge v. LCS Dev. Corp.,
643 So.2d 53, 55 (Fla. 3d DCA 1994). Because Appellants invoked section
713.21(4) and the court issued its show cause order on November 8, 2006, Appellee had 20 days from that date in which to either file an action to foreclose its lien or show cause why enforcement should not be commenced....
...7 hearing. Although the trial court found that it conducted a timely show cause hearing, it did not find that Appellee showed good cause to avoid the 20-day time limit, nor did it specify the reason Appellee could delay filing an enforcement action. Section 713.21(4) states that a lienor must show cause within 20 days in order to avoid the time limit, not that the court must conduct a hearing within 20 days....
...ated at the hearing that it was prepared to immediately file suit. Representation of plans to file suit cannot constitute good cause for delay, as it would permit a party to delay indefinitely the filing of its lawsuit, thus defeating the purpose of section 713.21(4)....
...riod expired. Similarly, counsel's failure to communicate with his client cannot constitute good cause. See Krasne-Gold Coast Joint Venture v. Allied Drywall, Inc.,
573 So.2d 194, 195 (Fla. 4th DCA 1991) (holding that, based on mandatory language in section
713.21(4), the concepts of excusable neglect and due diligence have no application and fail to provide the grounds upon which a trial court may grant a motion to vacate an order discharging a lien)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...which was recorded prior to the recordation of the plaintiff's mortgage and hence was superior thereto. The court further found that the appellee had properly commenced an action for the enforcement of same, in accordance with the requirements of §§
713.21 and
713.22, Florida Statutes (1971), by the institution of its complaint to foreclose lien against the lessee's interest [recorded fee simple owner, Diversified Mortgage Investors, was not named as a party-defendant] and that, therefore, appellee had properly perfected its lien. The trial court found that the appellee's lien was superior to the appellant's lien and that the appellant's lien was superior to all other liens. We disagree. Sections
713.21 and
713.22 (1971), Florida Statutes, provide that a mechanic's lien must be enforced within the period of one year from filing. The exact language of the statute speaks in terms of "discharge" of the lien. Section
713.21, Florida Statutes (1971) provides that a lien properly perfected under Chapter 713 "may be discharged * * * by failure to begin an action to enforce the lien within the time prescribed in Part I of this Chapter"....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2016 WL 1386642, 2016 Fla. App. LEXIS 5404
...2d 109, 111 (Fla.
1989) (quoting Palmer Elec. Servs., Inc. v. Filler,
482 So. 2d 509, 510 (Fla. 2d DCA
1986)); see, e.g., Dracon Constr., Inc. v. Facility Constr. Mgmt., Inc.,
828 So. 2d 1069,
1071 (Fla. 4th DCA 2002) ("In a special statutory proceeding, such as one under section
713.21(4), the trial court does not have the same discretion to bend time requirements
that might be allowed under the rules of civil procedure."); N....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 13786, 2009 WL 2971869
...Christopher and Lynette Unnerstall seek review of an order that denies their motion to discharge Designerick, Inc.'s construction lien on their property. They argue that Designerick's answer and counterclaims failed to strictly comply with the requirements of section 713.21(4), Florida Statutes (2008), [1] to avoid cancellation of the lien....
...open account, and unjust enrichment. When the Unnerstalls moved to discharge the lien, Designerick served its opposition to the motion to discharge the lien, stating that it had properly filed its counterclaims within the twenty days, as required by section 713.21(4)....
...rclaims satisfied the requirements of the statute. The language of the lien discharge statute requires that an action for lien enforcement be filed within twenty days or that cause be shown within that period why enforcement should not be commenced. § 713.21(4); Matrix Constr....
...Mecca Constr., Inc.,
578 So.2d 388, 389 (Fla. 3d DCA 1991) (noting that "one whose property has been liened is granted the right to initiate a petition creating a twenty-day limit in which to assert by counterclaim or otherwise a foreclosure of the lien under section
713.21(4)")....
...why no action need be commenced within the twenty-day period). Consequently, we grant the petition and direct the trial court to discharge the lien. [2] Petition granted. WHATLEY, J., and DAKAN, STEPHEN L., Associate Senior Judge, Concur. NOTES [1] Section 713.21, states, in pertinent part: A lien properly perfected under this chapter may be discharged by any of the following methods: .......
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 7688, 2010 WL 2132024
...Michael J. Cooper, Ocala, for Respondent. TORPY, J. In this construction lien case, Petitioner seeks to compel the discharge of a lien against its property because Respondent failed to timely assert its rights after it was served with a summons pursuant to section 713.21(4), Florida Statutes (2008)....
...We have jurisdiction and grant the petition. See Brookshire v. GP Constr. of Palm Beach, Inc.,
993 So.2d 179, 180 (Fla. 4th DCA 2008). *1016 After Respondent recorded a construction lien against Petitioner's property, Petitioner invoked the special statutory procedure authorized by section
713.21(4)....
...This procedure is intended to hasten the resolution of the lien claim by forcing the hand of the claimant. When invoked, a special summons is served upon the claimant "to show cause within 20 days why his or her lien should not be enforced by action or vacated and canceled of record." § 713.21(4), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 WL 2118044, 2014 Fla. App. LEXIS 7649
...Auld,
450 So.2d 217, 219 (Fla.1984))); see, e.g., Brookshire v. GP Constr. of Palm Beach, Inc.,
993 So.2d 179, 180 (Fla. 4th DCA 2008) (holding that the lienor’s motion to arbitrate filed in response to a complaint to discharge the lien did not meet the requirement of section
713.21(4) that an action to enforce the lien be commenced within twenty days); GCA, Inc....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 3740, 2004 WL 574633
FARMER, C.J. GRANTED. We hold that the 20-day provision in section 713.21(4), Florida Statutes (2003), does not begin to run until the Clerk has issued a show cause summons, which was not done in this case....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1991 WL 4323
...and affirmative defenses. On June 21, 1990, Allied filed a motion to set aside, vacate or for rehearing on the order discharging, vacating and cancelling lien, which was granted July 31, 1990, leading to the instant appeal. The relevant portions of section 713.21, Florida Statutes (1989), provides: 713.21....
...Such concepts would never come into play in proceedings such as the one below, as the statute, the mechanic's lien law, Chapter 713, is one which has been repeatedly held to require strict construction. Cf. Scott v. Premium Dev., Inc.,
328 So.2d 557 (Fla. 1st DCA 1976). The language of section
713.21(4), quoted above, is mandatory. "Upon failure of the lienor to show cause why his lien should not be enforced ... within 20 days *196 [the return date of the summons] the Court shall. ..." (Emphasis added.) Further, there is no provision under section
713.21 or otherwise for the court to entertain a motion to vacate an order, such as on the grounds argued below....
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 15787, 2014 WL 5002130
...After five years a disagreement arose relating to
payment. Franklin subsequently recorded a claim of lien against the Waxes' home.
In November 2012, the Waxes filed a four-count complaint against
Franklin alleging (1) a show cause action pursuant to section 713.21, Florida Statutes
(2012), for issuance of a summons requiring Franklin to show cause why the claim of
lien should not be vacated; (2) a fraudulent lien; (3) slander of title; and (4) breach of
contract.
Franklin resp...
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 14095, 2000 WL 1643780
...a claim of lien pursuant to section
713.08, Florida Statutes (1999). The Barlows responded by filing a multi-count complaint, the only count of which that is addressed on this appeal is count III, an “Action for Order to Show Cause” pursuant to section
713.21(4), Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 17093
...Shortly thereafter, Contractor brought action against CID seeking to
discharge the construction lien and requesting the Clerk to issue a summons to CID
to show cause why the claims of lien should not be enforced by action or vacated
and/or cancelled pursuant to Florida Statute Section 713.21(4) (2014). Contractor
then transferred CID’s lien to cash security pursuant to Florida Statute Section
713.21(2014), thereby releasing Owner’s property as security for the claim of lien
and replacing security for the claim of lien with the bond.
On June 23, 2015, CID filed a First Amended Complaint for Enforcement
and Foreclosure of Claim of Lien....
...We believe, under the
circumstances of this case, that was error which caused material injury for which
there is no adequate remedy on appeal. See Bayview Const. Corp. v. Jomar Prop.,
LLC,
97 So. 3d 909 (Fla. 4th DCA 2012).
As required by Florida Statute Section
713.21, within one year of Contractor
transferring the construction lien to cash security CID brought an action against
that cash security, but through scrivener’s error that claim was not placed in the
correct portion of CID’s Amended Complaint....
CopyPublished | Florida 4th District Court of Appeal
...Couch of Moorhead Law Group, PLLC,
Pensacola, for respondent.
PER CURIAM.
Abraham A. Calixte and Dorothy Drouillard a/k/a Dorothy Calixte
petition for a writ of mandamus seeking to compel the trial court to
discharge the respondent’s construction lien as required by section
713.21(4), Florida Statutes (2023)....
...As service of notice
on owner is “a prerequisite to perfecting a lien under this chapter and
recording a claim of lien,” §
713.06(2)(a), Fla. Stat., Petitioners argued
Coastal had no lien rights to file the claim of lien against the property.
The clerk of court issued a summons to Coastal pursuant to section
713.21, Florida Statutes (2023), which governs the discharge of liens
under chapter 713. Specifically, section
713.21, entitled “Discharge of
lien,” provides in pertinent part:
A lien properly perfected under this chapter may be
discharged, or released in whole or in part, by any of the
following methods:
....
(4)...
...ord. Upon
failure of the lienor to show cause why his or her lien should
not be enforced or the lienor’s failure to commence such
action before the return date of the summons the court shall
order cancellation of the lien.
§ 713.21(4), Fla....
...Instead, on October 23, 2023, Coastal filed a
motion for enlargement of time to respond to the complaint under Florida
Rule of Civil Procedure 1.090.
A few weeks later, Petitioners filed an amended motion to discharge,
arguing the court was required to discharge the lien because Coastal had
failed to comply with section 713.21(4)’s 20-day period....
...In response,
Coastal filed a motion to vacate the summons, followed by an answer
wherein it also asserted a counterclaim to foreclose the lien.
Shortly thereafter, Coastal filed an amended motion to vacate or rescind
the summons. Therein, Coastal argued the summons should not have
issued because section 713.21 applies only to “properly perfected” liens,
2
and Petitioners’ complaint specifically alleged Coastal failed to perfect its
lien....
...discharge the claim of lien, and granted Coastal’s motion to vacate the
summons. This petition follows.
Discussion
Mandamus lies to compel a trial court to discharge a contractor’s claim
of lien pursuant to section 713.21(4), Florida Statutes....
...of Palm Beach, Inc.,
993 So. 2d 179, 179–80 (Fla. 4th DCA
2008); Federated Stores Realty, Inc. v. Burnstein,
392 So. 2d 573, 574 (Fla.
4th DCA 1980).
Petitioners argue that once Coastal failed to begin an enforcement
action or make the required showing within section
713.21(4)’s mandatory
20-day period, the trial court had no discretion but to discharge the claim
of lien. Petitioners further argue nothing in Chapter 713 or Florida
precedent requires a property owner to allege in its complaint that a lien
is “properly perfected” in order to invoke section
713.21(4)’s special
statutory procedure. We disagree.
By its plain language, section
713.21, Florida Statutes (2023), only
applies to “[a] lien properly perfected under this chapter.” (emphasis
added) (footnote omitted)....
...As the complaint in this case specifically alleged Coastal had failed to
perfect its lien by serving a “notice to owner” and therefore had no lien
rights, Petitioners could not avail themselves of the special statutory
procedure authorized by section 713.21(4)....
...As such, the trial court had
no discretion but to vacate the summons and deny Petitioners’ motion to
discharge the claim of lien. This is not to say a property owner has no
remedy when a lien claimant has not properly perfected his or her lien
rights. However, the special statutory procedure authorized by section
713.21(4) is not the proper remedy under such circumstances.
Petition denied.
WARNER, DAMOORGIAN and ARTAU, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehear...
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1363, 1988 Fla. App. LEXIS 2518, 1988 WL 59152
...o enforce the lien is commenced in a court of competent jurisdiction.... None of the appellees/lienors, except Florida Rock, brought an action to enforce their respective liens within the one year period, and their liens were accordingly discharged. Section 713.21(3), Florida Statutes (1985); Diversified Mortgage Investors v....
...The cause is REVERSED and REMANDED for an evidentiary hearing to establish the entitlement of Florida Rock and the Scotts to the surplus proceeds. Schroth v. Cape Coral Bank,
377 So.2d 50 (Fla. 2nd DCA 1979). 2 JOANOS and ZEHMER, JJ., concur. . For further clarification, on this issue, see the statutory history of sections
713.21 and
713.22, Florida Statutes, contained in 20A....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6382
mechanics’ lien law affording an owner relief. Section
713.21(4), F.S.1969, F.S.A., provides that any interested
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4752, 1990 WL 91914
PER CURIAM. AFFIRMED. We find no error by the trial court in canceling appellant’s claim of lien because of appellant’s failure to comply with the provisions of section 713.21(4), Florida Statutes (1987). We reject appellant’s claim that the transfer of the lien to a money bond precluded the application of section 713.21(4)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 170, 1985 Fla. App. LEXIS 13931
...See §
713.04, Fla.Stat. Appellant also fulfilled the other procedural requirements of the mechanic’s lien statute. See §
713.06, Fla.Stat. On March 24, 1983, appellee filed suit against appellant seeking discharge of the mechanic’s lien pursuant to section
713.21....
...Holopak Village,
363 So.2d 27 (Fla. 4th DCA 1978), cert. denied,
370 So.2d 459 (Fla.1979). Appellee next filed a motion to dismiss the amended count I of appellant’s counterclaim on the ground that appellant was barred from foreclosing on the lien under section
713.21(4). Under section
713.21(4), after a complaint for discharge of a mechanic’s lien has been filed, the lienor must show cause, within twenty days, why the lien should not be cancelled or vacated....
...The trial court, in a corrected order, dismissed amended count I of appellant’s counterclaim, discharged the lien, and set aside the lis pendens. Appellant argues that the trial court erred in determining that appellant did not respond to the complaint to discharge the lien within the twenty-day requirement of section 713.21(4). We agree. Appellee’s complaint to discharge the lien was filed March 24, 1983. Appellant’s counterclaim seeking foreclosure of the mechanic’s lien was filed April 5, 1983, well within the twenty-day limitation period of section 713.21(4). We note the counterclaim seeking to foreclose the mechanic’s lien is a proper means to avoid cancellation of the lien under section 713.21(4)....
...United Plumbing & Heating, 358 *
1189 So.2d 860 (Fla. 4th DCA 1978). The subsequent dismissal of the original counterclaim with leave to amend did not cause the amended count I, filed more than twenty days after the complaint, to be untimely under section
713.21(4)....
...Here, appellant’s amended count I of the counterclaim merely realleged the basis for standing and again requested foreclosure of the mechanic’s lien based on exactly the same factual situation as the original counterclaim. Accordingly, the amendment related back to the timely original counterclaim so that 713.21(4) does not bar appellant’s action....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15518
...Furthermore, the only arguable basis for interlocutory review is pursuant to Rule of Appellate Procedure 9.130(a)(3)(B) governing interlocutory appeals from orders granting injunctions. Here the injunction requiring removal of the claims of lien was unnecessary in view of Section 713.21(5), Florida Statutes (1977)....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15545
...f the filing of such a fraudulent lien, shall have a right of action for his actual damages occasioned thereby and for punitive damages. Such action may be instituted independently of other action, or in connection with a summons to show cause under § 713.21, or as a counterclaim or cross-claim to any action to enforce or to determine the validity of such lien....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
...lien [pursuant to s.
696.05 (1), F. S.] or by recording a separate instrument showing satisfaction or partial release or discharge of a mortgage, lien, or judgment or showing final determination of the action in question [pursuant to ss.
701.04 and
713.21 , F. S.]. Your question may be answered by reference to ss.
696.05 (1),
701.04 and
713.21 , F....
...n for noting satisfaction of a mortgage or lien is broad enough to include noting on the index to the microfilm record of a mortgage or lien a partial release or discharge thereof. However, I would note that there is also provided, in ss.
701.04 and
713.21 , F....
...te in writing an instrument acknowledging satisfaction of said mortgage, lien, or judgment, and have the same acknowledged or proven, and duly entered of record in the book provided by law for such purpose in the proper county . (Emphasis supplied.) Section 713.21 , F. S., provides five alternative methods of discharging a `lien properly perfected under this chapter.' Subsection (1) of s. 713.21 provides for marginal notation of satisfaction of the lien upon the margin of the record thereof in the clerk's office....
CopyPublished | Florida 2nd District Court of Appeal
...In count two, Custom Homes
sought to foreclose a claim of lien it had recorded against the Sverdlows'
property, which asserted that the Sverdlows owed Custom Homes money
under the contract.
The Sverdlows filed a "Show Cause Counter-Complaint" seeking the
discharge of Custom Homes' construction lien pursuant to section
713.21(4), Florida Statutes (2023). The Sverdlows alleged several issues
with Custom Homes' performance and disputed that they owed any
money. Section 713.21 provides several procedures by which a
construction lien may be discharged, one of which is by "an order of the
circuit court of the county where the property is located":
Upon filing a complaint therefor by any interested party t...
...Upon failure of the
lienor to show cause why his or her lien should not be
enforced or the lienor's failure to commence such action
before the return date of the summons the court shall
forthwith order cancellation of the lien.
§ 713.21(4).
After nearly two months passed with no activity, the Sverdlows filed
their motion for order discharging Custom Homes' construction lien....
...discharge Custom Homes' construction lien. The trial court reasoned
that it was "required" to discharge the lien because after the Sverdlows
"properly filed and served . . . a Counter-Complaint demanding [Custom
Homes] to Show Cause in compliance with Fla. Stat. § 713.21(4),"
Custom Homes "had twenty (20) days from service to file a Show Cause
response to [the Sverdlows'] Counter-Complaint" but failed to do so....
...statute, it departs from the essential requirements of law." Just. Admin.
Comm'n v. Peterson,
989 So. 2d 663, 665 (Fla. 2d DCA 2008).
6
In this case, the trial court failed to apply the unambiguous
language of section
713.21(4) in two ways. First, the trial court
improperly calculated Custom Homes' twenty-day show-cause deadline
based on the Sverdlows' service of their Show Cause Counter-Complaint.
Section
713.21(4) makes clear that it is the summons issued by the clerk
that triggers the lienor's twenty-day deadline to show cause. See
§
713.21(4) ("Upon filing a complaint therefor by any interested party the
clerk shall issue a summons to the lienor to show cause within 20 days
why his or her lien should not be enforced by action or vacated and
canceled of record." (emphasis added)); Catalfumo Constr. Ltd.,
867 So.
2d at 1279 ("We hold that the 20-day provision in section
713.21(4),
Florida Statutes (2003), does not begin to run until the Clerk has issued
a show cause summons, which was not done in this case....
...So, in derogation of the plain language
of the statute, the trial court prematurely discharged Custom Homes'
construction lien.
Second, the trial court overlooked the fact that Custom Homes had
already availed itself one of the two methods under section 713.21(4) by
which a lienor may avoid the discharge of the lien....
...n or
vacated and canceled of record," and the lien must be discharged only
"[u]pon failure of the lienor to show cause why his or her lien should not
be enforced or the lienor's failure to commence such action before the
return date of the summons." § 713.21(4) (emphasis added)....
...Custom Homes had already completed one of the two alternative
actions—"show cause . . . why [the] lien should not be enforced [by
action]" or "commence such action"—that the summons would have
directed it to accomplish, that is, commence an action to enforce its lien.
See § 713.21(4); cf....
...of the lien" by way of
its "prior timely and proper filing of [a] foreclosure action in the County
Court"), approved in part,
641 So. 2d 858 (Fla. 1994).
Both of the two ways in which the trial court failed to apply the
unambiguous language of section
713.21(4) constituted departures from
the essential requirements of law....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 115, 2000 Bankr. LEXIS 1490
...at 58 . The homeowner then objected to a secured claim filed against the estate by the holder of a junior mechanics’ lien on the grounds that the lien had been extinguished by the judgment of foreclosure. See Id. at 58 . Based on Florida Statutes § 713.21(5), the Court found that the lienholder’s interest was extinguished by the foreclosure judgment. See Id. at 59. Section 713.21 provides in relevant part: A lien properly perfected under this chapter [a mechanics’ hen] may be discharged by any one of the following methods... ... (5) By recording in the clerk’s office the original or a certified copy of a judgment or decree of a court of competent jurisdiction showing a final determination of the action. § 713.21, Fla. Stat. (West 2000). The Acosta Court interpreted § 713.21(5) as standing for the proposition that all junior interests, including junior mortgages as well as mechanics’ liens, are extinguished at the entry of a foreclosure *325 judgment rather than at the time a judicial sale is complete....
...The Court declines to follow the holding and rationale of Acosta. The Court instead elects to follow an interpretation of the mechanics’ lien statute that is more consistent with § 45.0815 and with the above-noted case law. The mechanics’ lien statute, § 713.21, does not discharge mechanics’ liens or other junior interests at the entry of a judgment of foreclosure. Rather, § 713.21(5) discharges mechanics’ liens at the entry of a judgment related to the subject matter of the dispute which lead to the lien attachment, or, more specifically, at the entry of a judgment in favor of the plaintiff on the unusual statutory action of Complaint to Discharge a Mechanics’ Lien, as provided for in § 713.21(4)....
...This Court concludes that if the Florida legislature intended to establish entry of judgment as the moment of the eradication of junior interests in the event of foreclosure, then the legislature would not have passed the revised §
45.0315 in 1993, 26 years after §
713.21 was enacted. Additionally, no Florida court has applied §
713.21(5) to a junior mortgagee situation....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 47 Collier Bankr. Cas. 2d 1459, 15 Fla. L. Weekly Fed. B 60, 2001 Bankr. LEXIS 1750, 2001 WL 1755243
...But it is the position of the Debtor that, while it admits that the recording of the hen claim by a contractor relates back to the date of the filing of the Notice of Commencement, and the Final Judgment of Foreclosure was entered, the hen has been discharged pursuant to § 713.21(5), Florida Statutes....
...ords of the County where the property is located. Citing In re Belize Airways Limited,
19 B.R. 840 (Bankr.S.D.Fla.1982); In re Jam Fine Furniture, Inc.,
19 B.R. 578 (Bankr. S.D.Fla.1982). The question is, however, whether the discharge provisions of §
713.21(5) apply to a Final Judgment entered in a foreclosure proceeding? Considering this question, the Supreme Court of this State in the case of Nassau Realty, supra, held that the statutory provision that no judg *554 ment shall be a lien on re...
CopyPublished | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 11791, 2007 WL 2188458
...Upon learning of the claim of lien, Milton filed a complaint seeking to discharge the lien. Thereafter, a summons was issued and served upon JMS ordering it to show cause, within twenty days, why the claim of lien should not be enforced by action or vacated and canceled of record, pursuant to section 713.21(4), Florida Statutes (2006)....
CopyPublished | Florida 3rd District Court of Appeal
...On April 30, 2021, Catalina filed and recorded a construction lien
against Stone House’s property and sent a copy to Stone House and to
Woolems. Woolems subsequently filed a complaint against Catalina for
discharge of the lien pursuant to section 713.21(4), Florida Statutes,
asserting that because of delays, work defects, repairs, and cost overruns,
among other things, the damages to Woolems exceeded Catalina’s
claimed lien amount.
2
...
CopyPublished | Florida 2nd District Court of Appeal
...KMG fired Owl and hired another
contractor to finish the work.
In response, Owl recorded a construction lien against the condo
unit. KMG promptly sued Owl, seeking to discharge the lien. The
verified return of service describes how KMG effected service:
Owl did not respond to the complaint. See § 713.21(4), Fla....
