CopyCited 28 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 83, 1992 Fla. LEXIS 187, 1992 WL 18562
...the contractor's affidavit, which the trial court attributed to the fault of counsel for DiStefano. On appeal, the district court determined that the trial court erred in ordering the lien-transfer bond increased beyond the $500 amount authorized by section 713.24(1)(b), Florida Statutes (1987)....
...DiStefano Constr., Inc.,
562 So.2d at 847. We also agree with the district court that the trial court erred in ordering the lien-transfer bond increased in an amount sufficient to include the award of attorney's fees. Id. at 846. However, we do not agree with the district court that section
713.24 only authorizes payment of costs up to $500....
...rd any imposition of costs and deleted the limitation "and costs not to exceed $100." As this Court stated in Aetna Casualty & Surety Co. v. Buck,
594 So.2d 280 (Fla. 1992), the omission of this language repealed the $100 cost recovery limitation on section
713.24 bonds....
...87 statute is not a fundamental error which can be considered on appeal without objection in the lower court. See Sanford v. Rubin,
237 So.2d 134 (Fla. 1970). Thus, this opinion applies the 1987 statute which was the basis of the decision below. [3] Section
713.24(1)(b), Florida Statutes (1987), provides in pertinent part: (b) Filing in the clerk's office a bond executed as surety by a surety insurer licensed to do business in this state, either to be in an amount equal to the amount demanded in...
CopyCited 23 times | Published | Florida 4th District Court of Appeal
...The trial court struck Symons Corporation's demand for attorney's fees and failed to award attorney's fees to Symons Corporation as the prevailing party. Tartan Lavers Delray, Inc., as the owner of the property, posted a cash deposit and transferred Symons' lien from its real property to a cash deposit, pursuant to section 713.24, Florida Statutes....
...Nezelek , to support its position that it is not liable for attorney's fees. Gesco held only that the liability for costs of the surety on the bond and the principal, a lending institution, including attorney's fees, was limited to $100.00, as provided in section 713.24....
...s a condominium residence building at the tennis resort.) The return receipt shows that both notices were signed and received by one Amy C. Stern. When Symons failed to receive full payment, it filed a claim of lien against the property. Pursuant to section 713.24, Florida Statutes (1983), the property owner transferred the lien claim to a cash deposit....
CopyCited 23 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 516, 1987 Fla. App. LEXIS 6701
...ion of the court a caveat must be added: a court cannot cause its own judgment to effect a title transfer under Florida Rule of Civil Procedure 1.570(d) unless the court has in rem jurisdiction. Similarly, but conversely, it has been held that under section 713.24(3), Florida Statutes, where a material supplier whose mechanic's lien had been transferred from real property to a payment bond, the proper venue of an action to recover on that bond is in the county where the security was deposited and not in the county where the property is located....
CopyCited 19 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 368
...Rhodes,
395 So.2d 632 (Fla. 2d DCA 1981). We approve the decisions of the Second and Fourth Districts and quash the decision of the Third District. Grove brought an action to foreclose a mechanics' lien against C.U. Associates and the provider of a transfer bond pursuant to section
713.24, Florida Statutes (1981)....
CopyCited 19 times | Published | Supreme Court of Florida | 1992 WL 18569
...[2] Accordingly, we disapprove the Second District Court of Appeal's decision in Floridaire to the extent it can be read as requiring notice to be served on an owner who shares a common identity with the contractor. II. The second issue on appeal is whether the 1987 revisions to section
713.24 of the Florida Statutes [3] make a surety liable for *283 all reasonable attorney's fees incurred by a lien claimant in an action on a surety bond. Prior to 1987, Florida's mechanics' lien statute provided that any lien transferred to a surety bond must include an amount of $100 to cover costs. §
713.24, Fla. Stat. (1985). The statute also provided that costs were not to exceed $100. Id. Furthermore, under the statute, attorney's fees were to be taxed as costs. §
713.29, Fla. Stat. (1985). Case law interpreting section
713.24, prior to 1987, held that attorney's fees were limited to $100....
...Nezelek, Inc.,
414 So.2d 535 (Fla. 4th DCA 1982), review denied,
426 So.2d 27 (Fla. 1983). The courts in these cases based their holdings on the express statutory language mandating that costs were not to exceed $100. In 1987, the legislature amended section
713.24 by increasing the amount to be allocated to costs to $500 and by deleting in its entirety the restrictive language of "costs not to exceed $100." Ch....
...ruction is to presume that the legislature intended the statute to have a different meaning from that accorded it before the amendment. Capella v. City of Gainesville,
377 So.2d 658 (Fla. 1979). We agree with the district court's interpretation that section
713.24, as amended, does not limit attorney's fees to $500. However, we disagree with the district court's opinion to the extent that it implies that section
713.24 allows a surety's liability to be increased beyond the face amount of the bond in order to cover costs. While section
713.24(3) [4] allows a trial court to order the party providing the bond to either purchase an additional bond or increase the existing bond, or to otherwise provide increased security, the statute does not permit the trial court to increase the liability of the surety beyond the amount of the bond....
...Thus, when Pappalardo was on the job as "owner" and as contractor, he was performing within the scope of the joint venture and created privity by means of a common identity, thus relieving the subcontractor of the necessity to give notice to the owner. [3] Prior to 1987, section 713.24, Florida Statutes (1985), provided in pertinent part: (1) Any lien claimed under part I may be transferred ......
...plus interest thereon at 6 percent per year for 3 years, plus $100 to apply on any court costs which may be taxed in any proceeding to enforce said lien. Such deposit or bond shall be conditioned to pay any judgment ... and costs not to exceed $100. Section 713.24, as amended in 1987, now reads: (1) Any lien claimed ......
...either to be in an amount equal to the amount demanded in such claim of lien .. . plus $500 to apply on any court costs... . Such deposit or bond shall be conditioned to pay any judgment or decree which may be rendered for the satisfaction of the lien for which such claim of lien was recorded. [4] Section 713.24(3), Florida Statutes (1987), provides in pertinent part: Any party having an interest in such security ......
CopyCited 16 times | Published | Florida 4th District Court of Appeal | 1989 WL 59172
...The trial court rendered a cost judgment in the amount of $905.49 in favor of American Cast Iron, the lienor, and directed that it "be applied to the cash bond." To the extent that this judgment permits recovery of any more than $100.00 from the cash bond on which Acquisition Capital was the principal, we reverse. See § 713.24, Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...HURLEY, Judge. By petition for writ of certiorari we are asked to review a decision of the circuit court, sitting in its appellate capacity, [1] which holds that the county court has jurisdiction to foreclose a lien against a transfer bond posted pursuant to Section 713.24(1)(b), Florida Statutes (1981)....
...C & M, in turn, contracted with Roof Structures, Inc. (Roof Structures) for structural timber and a roof deck system. Difficulties developed and Roof Structures filed a claim of lien against the property. Stel-Den transferred the lien to bond pursuant to Section 713.24(1)(b), Florida Statutes (1981)....
...As indicated, the circuit court affirmed, finding that Chapter 85, the general lien statute, provided a basis for the county court's exercise of jurisdiction. The circuit court reasoned that "[w]hile ... [Roof Structures] could have chosen to file an action in chancery in the Circuit Court pursuant to § 713.24 Florida Statutes, there is nothing to prohibit the remedy of an ordinary action of law as set forth in Chapter 85." Before considering the merits of the case, it is appropriate to discuss the basis for this court's jurisdiction....
...Section
85.011, Florida Statutes (1981), indicates that "[a]ll liens on real or personal property provided for by part I or part II of chapter 713 [the Mechanics' Lien Statute] are enforceable ... [under Chapter 85] except when otherwise provided ... ." (Emphasis supplied.) Section
713.24(3), Florida Statutes (1981), in turn, states that [a]ny party having an interest in such security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in chancery in the circuit...
...Rakusin, Florida Mechanics' Lien Manual § 18, at 19 (1974). Without passing on the propriety of this construction, we note that it substantially affirms the legitimacy of appellants' position in the case at bar. We had occasion to discuss the controlling effect of Section 713.24(3), Florida Statutes (1981), in Morganti South, Inc....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 2107, 1988 Fla. App. LEXIS 4052, 1988 WL 93073
...Martin of Rogers, Towers, Bailey, Jones & Gay, Jacksonville, for appellee. JOANOS, Judge. Carlson-Southeast Corporation and Seaboard Surety Company appeal an interlocutory order denying their motion to transfer for improper venue. The issues raised in this appeal are: (1) whether, pursuant to sections
713.23 and
713.24, Florida Statutes, venue for a suit claiming an interest in a payment bond is proper only in the county where the bond is recorded; and (2) whether the course of conduct between the parties in this case overcame the general presumption of sect...
...exception to the general rule that payment was to be made where the creditor is located. In supplemental answer to Geolithic's interrogatory, Carlson and the surety alleged that venue is proper only in Broward County, pursuant to sections
713.23 and
713.24, Florida Statutes, since Geolithic claimed an interest in the payment bond issued by Seaboard and deposited in Broward County....
...hich is Duval County. Carlson and the surety filed a motion for rehearing, which was denied January 12, 1988. The venue issue raised in point one of this appeal requires consideration of the relationship of the bond provisions of sections
713.23 and
713.24, Florida Statutes (1985)....
...quent to its execution and delivery, except that of the contractor. Every claim of lien, except that of the contractor, filed subsequent to execution and delivery of the bond shall be transferred to it with the same effect as liens transferred under s. 713.24... . Pursuant to the provisions of 713.24 (1) Any lien claimed under part 1 may be transferred by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, from such real property to other security by either:...
...5th DCA 1988); Girdley Construction Co. v. Architectural Exteriors, Inc.,
517 So.2d 137 (Fla. 5th DCA 1987). Absent an express agreement regarding venue, it appears that the general venue provisions of Chapter 47 are controlling with respect to sections
713.23 and
713.24....
...Therefore, Coordinated as the debtor, was required to seek out Florida Fill, the creditor.
387 So.2d at 1007. Appellants rely on Morganti South, Inc. v. Hardy Contractors, Inc.,
397 So.2d 378 (Fla. 4th DCA 1981), as support for their contention that section
713.24(3) requires that a suit to recover on a bond must be brought in the county where the security is deposited....
...on
713.23, Florida Statutes (1977). A sub-subcontractor filed a claim of lien in Palm Beach County alleging non-payment for materials. Morganti, the general contractor, filed a notice of bond and the lien was transferred to the security, pursuant to section
713.24....
...The sub did not attempt to assert a lien against the property. Morganti moved to transfer the suit to Palm Beach County where the construction project was located, and where *1073 the claim of lien, the bond, and the notice of bond were filed. The court found the provisions of section 713.24 are mandatory to the extent that any suit to recover on such security must be brought in the county where the security is deposited....
...One commentator has found the Morganti reasoning suspect because the court was considering only the transfer of a mechanic's lien from the subject real estate to a bond. See 3 S. Rakusin, Florida Mechanics' Lien Manual 69 (1974, Supp. 1987). Rakusin states: This reasoning, while applicable to a
713.24 transfer bond, is not applicable to a
713.23 payment bond. ..... Although the Morganti South court relied on
713.24(3), the right to file in the county in which the security is deposited is arguably not mandatory, but permissive, due to the "plain language" use of the word "may" in that statute....
...strate that venue in Duval County is improper, or that the trial court's decision regarding venue constituted an abuse of discretion. With respect to the first argument, appellants Carlson and the surety acknowledge that this case does not involve a section 713.24 transfer bond, as contemplated by the Morganti decision....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...Appellee did not receive full payment from the general contractor and on October 16, 1974, filed a claim of lien against the owner's property for an unpaid balance of $36,073.41. Thereafter the owner caused the subcontractor's claim of lien to be transferred from the owner's property to a transfer bond, as provided by Section 713.24, Florida Statutes. The owner was the principal, and appellant, Federal Insurance Company, was the surety on the § 713.24 transfer bond....
...Subsequently the parties agreed that the lis pendens ought to be dissolved because the claim of lien had been transferred to a bond. Federal Insurance Company was added as a party defendant and the subcontractor filed an amended complaint seeking to enforce its claim of lien against the § 713.24 transfer bond....
...However, the subcontractor did not proceed against General Insurance Company of America or the general contractor, and neither were made defendants in this case. The trial court in its Final Summary Judgment recognized that the owner was not obligated to give the §
713.24 transfer bond and that the §
713.23 payment bond exempted the owner's property from any mechanic's lien....
...However the court below held that "once the defendant-owner and its transfer bond surety gave the transfer bond voluntarily, by mistake of its legal rights or otherwise, it became enforceable against them." It was on this basis that the owner and his surety under the § 713.24 transfer bond were held responsible for the remaining balance claimed to be due by appellee under his subcontract with the general contractor....
...It was unenforceable against the owner's property because of the exemption created by the §
713.23 payment bond; however the claim of lien was of record and created a cloud on the title of owner's property. The owner elected to have the claim of lien transfer to a §
713.24 transfer bond. The condition of the §
713.24 transfer bond was to "......
...The owner has simply substituted the security of the transfer bond in place of its property. If the subcontractor were able to establish that it would have had a valid lien against the property, as might have been the case if there had not been a proper §
713.23 payment bond, then in that event appellee could look to the §
713.24 transfer bond in lieu of the owner's property. However in this case there was a proper §
713.23 payment bond and the subcontractor did not have, nor could it have had, a valid lien against the owner's property. The §
713.24 transfer bond did not give it any additional rights; it simply created an alternate fund from which the appellee's claim of lien could be satisfied, if in fact appellee had a valid claim of lien. In this case appellee did not have a valid claim of lien against the owner's property. Therefore, it was not entitled to look to the §
713.24 transfer bond for payment of its claim. We hold that the owner in this case was exempt from direct liability by virtue of the §
713.23 payment bond, and that it had the right to utilize the §
713.24 transfer bond to remove the encumbrance of appellee's improperly filed claim of lien....
...The suit had been brought by a sub-subcontractor against the property owner to foreclose a claimed mechanic's lien or, alternatively, for money damages. We reversed a money judgment which had been entered against the owner. The general contractor had filed a § 713.24 transfer bond; however, neither the general contractor or its surety were parties to the suit. The following language appeared in Schleifer, at page 272: "... upon the filing in the clerk's office of the bond, pursuant to F.S. § 713.24, F.S.A., the lien was effectively removed from the property, and the sole remedy was upon the bond." (Emphasis supplied.) The above quoted language from Schleifer is dicta and was not the holding of the Court in that case....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...Russell, of van den Berg, Gay & Burke, Orlando, for appellees Tuttle/White Constructors, Inc., and Federal Ins. Co. ALDERMAN, Judge. This is a mechanics' lien case in which a subcontractor appeals an order dismissing with prejudice its action against a general contractor and its surety. The subcontractor's action on a Section 713.24, Florida Statutes (1975), Transfer bond was filed as part of an amended cross-claim two years after the subcontractor's claim of lien was recorded....
...e 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)....
...In this case the subcontractor never filed an action to enforce its claim of lien against the owner. More than fifteen months after the subcontractor recorded its claim of lien, the general contractor caused the claim of lien to be transferred to a bond pursuant to Section 713.24, Florida Statutes (1975)....
...Compare Fowler v. Matheny,
184 So.2d 676 (Fla. 4th DCA 1966). The subcontractor, having failed to bring an action to enforce its lien within one year after the claim of lien was recorded, no longer has a right of action on its claim of lien. The subsequent Section
713.24 transfer bond provided by the general contractor does not change the situation....
...of the general contractor and its surety. They agreed only to pay any judgment or decree which may be rendered for the satisfaction of the lien. There could be no such judgment in this case because as a matter of law the lien no longer existed. The Section 713.24 transfer bond did not give the lien claimant any additional rights; it simply created an alternate fund from which the claim of lien could be satisfied, if in fact it was a valid lien....
...Resnick Developers South, Inc. v. Clerici, Inc.,
340 So.2d 1194 (Fla. 4th DCA 1976). There is no way that the subcontractor can now foreclose its claim of lien against the owner, and since the liability of the general contractor and its surety under the Section
713.24 transfer bond is no greater than that of the owner for whose benefit the bond is provided, we conclude that the claim of lien cannot be resurrected by the application of Fla.R.Civ.P....
...[3] Section
713.22(1), Florida Statutes (1975), provides: No lien provided by part I of this chapter shall continue for a longer period than 1 year after the claim of lien has been recorded unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction. [4] Section
713.24(4), Florida Statutes (1975), provides: If no proceeding to enforce a transferred lien shall be commenced within the time specified in s....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...site inspection by Hughes' employee. We also note the amount of the judgment awarded by the trial court exceeds the amount of the transfer bond posted by Federal Insurance Company. The amount of the transfer bond is expressly established by statute. Section 713.24, Florida Statutes....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 456, 2003 WL 141635
...DCC and YCS entered into a contract for the construction of a condominium. After several disputes arose over the building's construction, DCC recorded a claim of lien on the property. YCS and the insurance company transferred the lien to surety bonds pursuant to Section 713.24, Florida Statutes (1999). DCC then filed a demand for arbitration with the American Arbitration Association. Two months later, DCC filed a complaint against YCS, seeking relief under Section 713.24, and also seeking to compel arbitration....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 549, 1985 Fla. App. LEXIS 12725
...We also reverse that portion of the order which assessed the cost of a bond premium ($586.00) and the cost of a letter of credit to induce issuance of the bond ($788.91) because the appellee had neither title nor interest in the property nor an interest in the contract under which the lien was claimed. See § 713.24, Florida Statutes (1983)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...Hardy filed a claim of lien in Palm Beach County asserting non-payment for the materials. The general contractor had posted a payment bond pursuant to Section
713.23, Florida Statutes (1977). The general contractor filed a Notice of Bond and the lien was *379 transferred to the security pursuant to Section
713.24, Florida Statutes (1977)....
...the Notice of Bond were all filed with the Clerk of the Circuit Court of Palm Beach County. Morganti moved to transfer the case against it and its surety to Palm Beach County, and the trial court denied the motion. Our review of Sections
713.23 and
713.24, Florida Statutes (1977), convinces us that the proper venue for the action against the general contractor and surety on the bond was in Palm Beach County where the security had been deposited....
...Accel, Inc.,
354 So.2d 424 (Fla. 4th DCA 1978) and McGuire v. Consolidated Electrical Supply, Inc.,
329 So.2d 411 (Fla. 4th DCA 1976). We find it unnecessary to directly answer the question of whether the cause of action is in rem in nature in view of the provisions of Section
713.24(3), Florida Statutes (1977), which states in relevant part as follows: Any party having an interest in such security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in chan...
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...The claim was based upon services rendered by appellant in the remodeling of Marin's home. On October 29, 1981, the lien was transferred to a surety bond posted by the appellee United States Fidelity & Guaranty Company (USF & G) in accordance with section 713.24(1), Florida Statutes (1981)....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 6184, 2001 WL 485721
...Zager also filed a motion to dismiss the arbitration, or stay it. Zager contended that by filing an action in circuit court, JPI had waived the right to arbitration. The trial court denied the motion, and Zager has appealed. During the proceedings below, JPI obtained a transfer bond under section 713.24, Florida Statutes, and the construction lien has been transferred to the bond....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1997 WL 422769
...II MANDAMUS ACTION Having failed to procure a reduction of the amended claim of lien and bond in the pending litigation, on February 29, 1997, Williams Island instituted this original action against the Clerk of the Court for a writ of mandamus and an emergency motion directing the clerk to disburse the cash bond pursuant to section 713.24(4), Florida Statutes (1995)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...as a subcontractor to install elevators in the planned improvements. During the course of construction Accel, Inc. left the job and filed a claim of lien for the amount it claimed it was due from Sanchez. Shortly thereafter Sanchez had the lien removed from the realty and transferred to a bond pursuant to Section 713.24, Florida Statutes (1975)....
...ot by the owner, and therefore, Accel was absolved from proving it had furnished the required notice to owner. We reject Accel's argument as lacking merit. The mere fact that some interested party transfers a lien from property to a bond pursuant to Section 713.24, Florida Statutes (1975) does not obviate the necessity of the lien claimant proving all of the prerequisites necessary for him to enforce his lien....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1976 Fla. App. LEXIS 14246
...drops that party as a defendant may then re-add that party defendant after the statute of limitations has run. For reasons expressed below, we hold that he cannot. A fundamental purpose of the limitation periods established by F.S. §
713.22(1) and §
713.24(4) is the speedy determination of mechanic's lien claims....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...Jennings of Dewrell, Kessler & Jennings, Fort Walton Beach, for appellee. SMITH, Acting Chief Judge. The owners of a Walton County tract appeal from a judgment awarding Goodwin a laborer's lien against the bond given as security by the owners and their surety. Section 713.24, Florida Statutes (1975)....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 1067
...ion of the court a caveat must be added: a court cannot cause its own judgment to effect a title transfer under Florida Rule of Civil Procedure 1.570(d) unless the court has in rem jurisdiction. Similarly, but conversely, it has been held that under section 713.24(3), Florida Statutes, where a material supplier whose mechanic's lien had been transferred from real property to a payment bond, the proper venue of action to recover on that bond is in the county where the security was deposited and not in the county where the property is located....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...They argue that it cannot be sustained absent a showing that the mechanic's lien had priority over the bank's mortgage. They argue that in order to recover on the bond, Nezelek was required to show that the proceeds of a foreclosure sale would leave a surplus after payment of the mortgage. We disagree. Pursuant to Section 713.24, Florida Statutes, the lien was transferred from real property to other security by the execution of a bond....
...as established, we have jurisdiction to review the propriety of that determination. The amount of attorneys fees recoverable from Chase Manhattan Bank and Seaboard Surety Co. is controlled by statute. The applicable statutory provisions are Sections
713.24 and
713.29, Florida Statutes. Section
713.29 expressly provides that attorneys fees awarded under Chapter 713, Florida Statutes, are taxed as costs. Transfer bonds are governed by Section
713.24....
...lien for which such claim of lien was recorded, and costs not to exceed $100. The legislative intent behind this section is clear. A surety is liable for no more than $100.00 in costs to the prevailing party. *541 Construed in para materia, Sections
713.24 and
713.29 provide that a surety's liability for the prevailing party's attorneys fees may not exceed $100, which is the maximum liability of a surety for costs....
...We recognize that because of the limitation of the surety's liability for costs to the amount $100 the transfer of the lien to a bond may in some cases work to the detriment of the lienor. This is a legislative matter and one which is controlled by Section 713.24, Florida Statutes, supra, and as we have stated in Tuttle/White Constructors, Inc....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...e contract in certain particulars, the principal one being the roof. In due course appellees, AIA, Hamilton, Meekins, Goldman, and Grinnell filed suit to foreclose liens and/or for breach of contract. Aristar had the mechanics liens transferred to a Section 713.24 bond with Safeco Insurance Company of America (hereafter referred to as Safeco) as surety....
...However, today if a Section
713.23 bond is in existence the transfer is made to the payment bond by simply recording a notice of bond as provided in Section
713.23(2), Florida Statutes (1979). It would be unnecessary to obtain a new bond provided for in Section
713.24....
...Owsley Lumber Co.,
201 So.2d 246 (Fla. 1967). SAFECO'S APPEAL-Case No. 78-1025 The final judgment makes no award against Safeco, but neither does it expressly exonerate Safeco. However, the law appears to be quite settled that the principal and surety on a Section
713.24 transfer bond are not liable thereon where there is a proper Section
713.23 payment bond in existence....
...Concreform Co.,
351 So.2d 1046 (Fla. 4th DCA 1977). Resnick Developers South, Inc., supra ; Alpha Electric Supply Inc., supra . Thus, it would appear appropriate upon remand *741 to provide that the parties take nothing from Safeco as a result of the
713.24 transfer bond....
...031.00 additional allowance for the roof, plus $7,771 for transfer bond premium, less $12,890 improperly allowed for the sprinkler system and less the sum of $130,776.20 contract retainage held by Aristar. f) Enter judgment in favor of Safeco on its 713.24 bond....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1991 WL 217850
...See Lindsay,
17 Fla. at 575 (evidence of tender must be absolute and unconditional to stop running of interest). We find that Young was right in refusing the partial tender, especially since the instant litigation had already commenced. Pursuant to section
713.24, Florida Statutes (1987), a judgment on a mechanic's lien bears interest at the legal rate from the date the claim of lien is filed....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...Gaines of Beggs & Lane, Pensacola, for appellee. SMITH, Acting Chief Judge. Corry, a mechanic's lien claimant under Chapter 713, Florida Statutes (1977), appeals from a circuit court judgment dismissing Corry's claim against Royal Indemnity Co. on a transfer bond provided under Chapter 713.24....
...as surety, executed a transfer bond in favor of Corry in August 1973, reciting Corry's filing of a claim of lien in May 1973, "against certain real property owned by WILL-O-WICK APARTMENTS, an Illinois Limited Partnership," and reciting the partnership's desire to discharge the claim of lien by giving a bond pursuant to Section 713.24....
...d," referring to Corry's May 21, 1973, claim of lien which was enforced by the final judgment entered October 4, 1974 against Will-O-Wick, Inc. The transfer bond filed by the limited partnership and Royal had the effect prescribed for such a bond by Section 713.24, releasing the property of any lien resulting from Corry's furnishing of labor and materials and its filing of appropriate notices and claims....
CopyCited 5 times | Published | Supreme Court of Florida | 1979 Fla. LEXIS 4873
...Davis Water and Waste recorded an amended claim of lien on November 7, 1973, and on November 20, 1973, brought this action against the owners of the land to foreclose the lien. *165 On February 5, 1974, the defendants substituted a surety bond for the land as security for the claim pursuant to section 713.24, Florida Statutes (1973)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1991 WL 232260
...The amended complaint could not itself serve as the statutory notice. See Corporation of the President v. Seymour Electric Supply Co.,
558 So.2d at 90. The material supplier also argues that under the circumstances present here, the section
713.23 payment bond should be treated as a transfer bond under section
713.24, Fla. Stat. (1987). While section
713.23 itself draws an analogy to section
713.24, [5] the requirements for payment bonds and suits thereon are set forth at length and in detail in section
713.23....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...s lien against Saul Morgan Enterprises, Norman Cohen and Klein Painting Company. Morgan Enterprises and Norman Cohen secured a $40,570.38 bond from Continental Casualty Company, as surety, and had the lien transferred to this surety bond pursuant to Section 713.24, Florida Statutes (1971)....
...requisite burden of proof. "C. The Defendants, OWNER and NORMAN COHEN, individually and as principals, and Continental Casualty Company, as Surety, did, after the commencement of this action, file a bond in this cause pursuant to the authority of F.S. 713.24, wherein the lien of the Mechanics' Lien filed in this cause by ASSOCIATED was transferred to bond....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1759
...The contractor then served the owner with a contractor's affidavit in which it was alleged that all related expenses had been paid in full. Three days later, the contractor filed an action to foreclose the lien. The owner transferred the lien to other security (bond, section 713.24(b)), and moved to dismiss the lawsuit based upon the contractor's failure to serve the contractor's affidavit at least five days prior to initiating the lawsuit....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...However, this ground has been superseded by this court's reversal of the dismissal. State-Wide Construction, Inc. v. Dowda,
418 So.2d 1238 (Fla. 5th DCA 1982). Respondents further argue the dismissal was proper because the mechanic's lien was "transferred" from the real property to a surety bond pursuant to section
713.24(1), Florida Statutes (1981), [3] three weeks before petitioner filed its suit....
...h the lien is imposed or the contract under which the lien is claimed, from such real property to other security by either: * * * * * * (b) Filing in the clerk's office a bond executed as surety by a surety licensed to do business in this state... . § 713.24(1), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...-8-
On the same day of the summary judgment hearing, a document was
recorded in Pasco County reflecting that Farrey's construction lien had been transferred
from the property to a lien transfer bond under section 713.24, Florida Statutes (2017).
The lien transfer bond was issued by Hudson Insurance Company (Hudson) as surety
and Coltin as principal.4 Upon learning of the existence of the lien transfer bond,
Farrey's promptly moved to add Hudson as...
...Beeson, brought suit to foreclose upon two
construction liens it had filed upon Sartori's property (a shopping plaza) and for breach
of contract. Id. at 572. The construction liens were subsequently transferred from the
property to a lien transfer bond pursuant to section 713.24....
...Phoenix Assocs. of S.
Fla., Inc.,
189 So. 3d 272, 274-75 (Fla. 2d DCA 2016); Gator Boring,
210 So. 3d at 178;
Sartori,
584 So. 2d at 573. This is because a claim of lien is released from the property
upon its transfer to a lien transfer bond under section
713.24....
...3d at
274 ("If an owner elects to file a transfer bond and complies with the statutory
requirements to do so, 'the real property shall thereupon be released from the lien
claimed, and such lien shall be transferred to said security.' " (quoting § 713.24(1)))....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1976 Fla. App. LEXIS 14078
...Since the bond was never offered in evidence we cannot determine whether appellee could maintain this suit against the surety without the principal being made a party. In any event, the removal of a mechanic's lien from property by a bond pursuant to § 713.24, F.S....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1988 WL 23648
...Hardy Contractors, Inc.,
397 So.2d 378 (Fla. 4th DCA 1981). This cross-claim, as in Morganti, involves Hall's suit on a payment bond, posted in Orange County, where the surety had filed a notice of bond. Hall's claim on the bond had to be brought in Orange County, Florida. §
713.24(3), §
713.23(1)(g), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...Ussery brothers (one of whom is now deceased) to do certain of the concrete work on the project. On October 16, 1975 Ussery filed a notice to owner and a mechanic's lien. [1] The lien was subsequently, prior to suit, transferred to bond pursuant to Section 713.24, Florida Statutes (1975)....
...., and reinstate the original judgment in this regard. As to the failure to increase the security bond to which the lien was transferred, we reverse. At the time the lien was transferred to bond, the statute authorizing the transfer read as follows: 713.24 Transfer of liens to security....
...sferred to said security. The clerk shall be entitled to a fee for making and serving the certificate in the sum of $2. Any number of liens may be transferred to one such security. The statutes further provided that the bond could be increased. See: Section 713.24(3), Florida Statutes (1975), which reads as follows: (3) Any party having an interest in such security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in chancery in the ci...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1975 Fla. App. LEXIS 18898
...Wayne Thomas, Trenam, Simmons, Kemker, Scharf & Barkin, Tampa, for appellee. McNULTY, Chief Judge. Appellant-materialman's duly filed mechanic's lien was transferred from appellee-owner's real property to a surety deposit bond fully covering the lien pursuant to § 713.24(1), F.S....
...t of the value of the improvements. In a suit to foreclose such a lien, then, the owner is a necessary and proper party only to satisfy due process as to him since his property, the res securing the lien, is in jeopardy. Now obviously the purpose of § 713.24, supra, is to permit any owner, whether or not he is in privity with a lienor, to remove the cloud of a lien from his property against which the lien is impressed; and he may do so either before or after suit....
...ts or equities flowing as between him and the owner but, rather, those as between him and the parties with whom he was in privity, in this case the general contractor. Thus if the benefits of the lien are fully secured by the bond provided for under § 713.24, supra, and they are here, then we think, and so hold, that the owner is no longer a necessary party [2] nor is he a proper party, at his option, if he chooses not to contest the amount of the lien....
...That court did not consider nor did it decide the question of whether an owner with whom a lienor is not in privity is a necessary and proper party against whom a foreclosure judgment must be obtained as a condition precedent to proceeding against a transfer bond filed pursuant to § 713.24, supra....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1997 WL 428522
...costs." We see no reason why the costs involved in a construction lien action should not be included within the lien. If a lien is transferred to a security, the deposit or bond must include an amount to cover three years' interest and $500 "to apply on any court costs which may be taxed...." § 713.24(1), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4058013
...arge of Trintec's claim of lien. The Association did not file a separate motion regarding its "emergency" request for clarification of the order dismissing the complaint. [2] These rights include, for example, the right to "bond off" the lien claim (section
713.24), and rights to a final affidavit (section
713.06), and a list of subcontractors and suppliers (section
713.165)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2328, 1987 Fla. App. LEXIS 10399
...be held liable in excess of the amount of the bond could not exceed $100. See Gulfstream Pump & Equipment Co. v. Grosvenor Development, Inc.,
487 So.2d 330 (Fla. 2d DCA 1986). Upon the lienholder's filing of a motion to increase security pursuant to section
713.24(3), Florida Statutes (1985), a trial court can order the party providing the bond to purchase either an additional bond or an increase in the existing bond, or to otherwise provide increased security for the loan....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1978 Fla. App. LEXIS 15630
...Any lienor shall have direct right of action on such bond against the surety ... . (emphasis added). When appellant did not receive payment in full, it filed a claim of lien pursuant to the Mechanics' Lien Law, Part I of Chapter 713, Florida Statutes (1975). Thereupon, the general contractor filed a transfer bond pursuant to Section 713.24, which provides in part as follows: (1) Any lien claimed under part I may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, from such real property to other security by ...: ........
...We agree with the decision of our sister court. Thus, proof of the existence of a payment bond meeting all of the conditions of Section
713.23, Florida Statutes (1975) is a complete defense to a suit on a subsequently filed transfer bond pursuant to Section
713.24....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 745
...DeLoach, Naples, for appellant. Thomas E. Maloney, of Maloney & Crane, Chartered, Naples, for appellees Grosvenor Development, Inc. and Power Corp. PER CURIAM. Affirmed. The conversion, by transfer, of a mechanics lien to a surety bond undertaken pursuant to section
713.24, Florida Statutes, restricts the recovery from the bond of costs, including an attorney's fee, to $100.00. Symons Corporation v. Tartan-Lavers Delray Beach, Inc.,
456 So.2d 1254 (Fla. 4th DCA 1984). Section
713.24 does not, however, bar seeking an unsecured award of an attorney's fee in excess of the statutory limit....
CopyCited 3 times | Published | District Court, M.D. Florida | 43 A.F.T.R.2d (RIA) 1173, 1977 U.S. Dist. LEXIS 16781
...da Mechanics Lien Law. When Phillips did not pay Keene or Southern Paving, they filed mechanics liens on the Tenneco Oil construction site. Wynne and its surety, Ohio Casualty Insurance Company, transferred these liens to bonds pursuant to Fla.Stat. § 713.24 and then brought this action under the Wrongful Levy Statute....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Notice of commencement was not filed by the owner until June 19, 1978, and thus also exceeded the statutory time period. In July of 1978, Clemons filed his complaint seeking to foreclose his mechanics lien. A transfer bond in the amount of $61,322.29 was posted by Bell in compliance with Section 713.24, Florida Statutes (1977), thereby transferring the claim of lien from the real property to the security....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2003 WL 470199
...counts should not be severed. The parties agree that the bond action arises out of section
713.23, Florida Statutes. Subsection
713.23(1)(f) provides that the bond "must not contain any provisions restricting ... the venue of any proceeding...." Subsection
713.24(3) provides for venue in the county where the security was deposited....
...ubcontracts or named in the venue provisions. Appellants also assert that the bond, here, is really a payment bond issued under section
713.23, Florida Statutes, and should be distinguished from a case filed against a lien transfer bond issued under section
713.24, Florida Statutes....
...Hardy Contractors, Inc.,
397 So.2d 378 (Fla. 4th DCA 1981); but see Walbridge,
800 So.2d at 288 (opining that the Halls Ceramic Tile court confused jurisdiction with venue and, thus, misapplied Morganti ). The Fifth District in Halls Ceramic Tile also relied on sections
713.24(3) and
713.23(g), Florida Statutes (1985), in holding that venue was proper where the bond was posted. Those subsections substantially mirror sections
713.24(3) and
713.23(f), Florida Statutes (2000), respectively....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Notwithstanding, All-Shores filed an amended claim of lien in the sum of $35,000, whereupon the general contractor, with Fidelity and Deposit Company of Maryland again as the corporation surety, filed a bond in the sum of $41,300 to transfer the All-Shores lien from the *272 property to the bond pursuant to F.S. § 713.24, F.S.A....
...the lien, or alternatively for money damages. After trial, the trial court found that All-Shores was entitled to a mechanic's lien in the sum of $10,000 and, although recognizing that the lien had been transferred to the bond filed pursuant to F.S. §
713.24, F.S.A., the court entered a money judgment against the appellant-property owner. The trial court did not consider the exemption afforded the owner by virtue of his having secured the payment bond under F.S. §
713.23, F.S.A., nor did it rule upon the effect of the bond filed pursuant to F.S. §
713.24, F.S.A., nor did it take into consideration that the appellee, as sub-subcontractor was not in privity with the property owner, and disregarded the breach of its sub-subcontract by the appellee....
...Appellee's further contention that there was no proof that the surety was authorized to do business in Florida is without merit, since no such objection was raised by the appellee when the bond was offered in evidence. Secondly, upon the filing in the clerk's office of the bond, pursuant to F.S. § 713.24, F.S.A., the lien was effectively removed from the property, and the sole remedy was upon the bond....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 9 Fla. L. Weekly 1956, 1984 Fla. App. LEXIS 14951
...rect defective work performed by Duarte. After Duarte's default, numerous subcontractors and materialmen, including appellee, filed mechanic's liens against the property owned by ICC-T. These liens were transferred to lien transfer bonds pursuant to section 713.24, Florida Statutes (1981), which were issued by The Insurance Company of Florida, an appellant, as surety....
...On January 4, 1983, appellee filed suit against Duarte and ICC-T. Count II of the complaint dealt only with ICC-T and sought foreclosure of the mechanic's lien against the real property owned by ICC-T in Pasco County. On January 10, 1983, appellee's mechanic's lien was transferred to a section 713.24 lien transfer bond which was filed with the circuit court in Pasco County. Appellee amended its complaint to add count III, which sued ICC-T as principal and The Insurance Company of Florida as *1166 surety on the section 713.24 bond....
...Appellee's claim of lien, its validity, and the amount owed is the basis of the suit. The claim of lien was attached to the complaint, and a certificate of clerk of the court verifying the existence of the bond was also attached. The bond is only the security for the claim and not the basis out of which the claim arises. See § 713.24(1), Fla....
...Clerici, Inc.,
340 So.2d 1194 (Fla. 4th DCA 1976). Appellants also claim that count I, which intended to foreclose against the real *1167 property, should have been dismissed after the mechanic's lien had been transferred to the lien transfer bond pursuant to section
713.24, Florida Statutes (1981)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...4th DCA 1977), describing each unit and its respective percentage share of common expenses in the claim of lien would neatly comply with section
718.121(2). It would, for example, readily enable the clerk of the circuit court to transfer liens from units to security pursuant to section
713.24....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2001 WL 1230646
...On June 19, 2000, Roberts Plumbing filed its mechanics claim of lien for $151,720.58 against the owners of the condominium complex in the office of the clerk of court in Monroe County, Florida. Walbridge transferred this claim of lien to a bond in the amount of $235,166.90 pursuant to Section 713.24(1), Florida Statutes (1998) [3] on August 25, 2000....
...Jetstar Dev., Inc.,
515 So.2d 272, 273 (Fla. 4th DCA 1987). There is no contention that the venue provision in the instant case was somehow unreasonable or unjust or that it was procured by fraud or overreaching. Instead, Roberts Plumbing contends, as it did below, that pursuant to section
713.24(3), its suit had to be filed in Monroe County where the bond was posted and that this statutory provision superseded the parties' contractual provision for venue....
...y is deposited or file a motion in a pending action to enforce a lien, for an order to require additional security, reduction of security, change or substitution of sureties, payment of discharge thereof, or any other matter affecting said security. § 713.24(3), Fla....
...ates that an action on the bond be brought only in the county where the bond is posted. We conclude, however, that in this case, appellees' reliance upon Morganti and Halls Ceramic is misplaced. In Morganti, the Fourth District held that pursuant to section 713.24(3), an action to recover on a bond had to be brought in the county where the bond was deposited....
...diction, based on a forum selection clause in a mutual freely-agreed-to contract. Id. (footnote and citation omitted). It is clear to us from this language that the majority in Halls Ceramic applied or perhaps misapplied Morganti's venue analysis of section 713.24(3) to the jurisdictional issue presented before it....
...nding document and has had the opportunity to permit its attorney to review it. This Subcontract Agreement is the joint work product of the parties hereto and, accordingly, no term or provision shall be more strictly construed against any party. [3] Section 713.24(1) provides: Transfer of liens to security (1) Any lien claimed under this part may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, f...
...For recording the certificate and approving the bond, the clerk shall receive her or his usual statutory service charges as prescribed in s.
28.24. Any number of liens may be transferred to one such security. [4] Ironically, it has been suggested that the Morganti court may have misanalyzed section
713.24(3) as a venue provision when this statute may arguably be jurisdictional in nature....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 WL 716084, 2012 Fla. App. LEXIS 3689
...Masciarella II, P.A., North Palm Beach, for appellees. STEVENSON, J. In this construction lien case, the trial court entered final summary judgment in favor of the property owner, Jomar Properties, LLC, and the surety on the transfer bond, Accredited Surety and Casualty Company, Inc., finding that section 713.24(4), Florida Statutes (2011), precluded the lienor, The Cool Guys, LLC, from bringing a claim on the transfer bond more than two years after the lien was transferred to bond....
...Despite such notice, Cool Guys did not attempt to bring a claim on the transfer bond until two years later. Jomar and the surety moved for summary judgment, asserting the claims on the transfer bond were time-barred given the one-year limitations period in section
713.24(4), Florida Statutes. The trial court agreed. Section
713.24, Florida Statutes, governing the transfer of liens to security, permits a person with an interest in real property to transfer a lien imposed against the property to other security and, in so doing, remove the cloud on the property's title. See §
713.24(1), Fla. Stat. Prior to 2005, section
713.24(4) read as follows: "If a proceeding to enforce a transferred lien is not commenced within the time prescribed in s.
713.22 [one year of recording of lien] ..., the clerk shall return said security upon request of the person depositing or filing the same, or the insurer." §
713.24(4), Fla. Stat. (2004). The courts, however, refused to apply the one-year time limitation in section
713.24(4) to bar a claim against the surety where the lien was transferred to security during the pendency of a suit to foreclose the lien....
...lien was transferred to bond. The lienor did not attempt to join the surety until two and half years after the recording of the lien and two and one-sixth years after the transfer of the lien to bond. This court held that the one-year time limit in section 713.24(4) did not apply as the language "clearly intends that any future proceedings be commenced within the year set forth in s....
...The court reasoned that to hold to the contrary would permit the property owner to defend the suit until the one year passed, to then transfer the lien to bond, and, in so doing, prevent any liability against himself or the surety. The supreme court affirmed this ruling. In 2005, the legislature amended section 713.24(4), adding the following sentence: If a proceeding to enforce a lien is commenced in a court of competent jurisdiction within the time specified in s....
...e shortened by operation of law, in the same county or circuit court to recover against the security shall be deemed to have been brought as of the date of filing the action to enforce the lien, and the court shall have jurisdiction over the action. § 713.24(4), Fla....
...Appellant urges us to find that the rule announced in American Fire continues to be the law for cases like the instant one where the lien is transferred to security during the pendency of lien foreclosure litigation and the lienor subsequently seeks to join the surety in the pending action and that the sentence added to section 713.24(4) applies only where the lienor seeks to file an entirely separate action against the surety. We see no basis for reading the statute in this manner. It is presumed that when the legislature undertook to amend section 713.24(4), it was aware of prevailing decisions on the subject....
...he liento seek to recover against the surety and bond. Accordingly, having considered all issues raised, we affirm the judgment in favor of the property owner and the surety. Affirmed. HAZOURI and DAMOORGIAN, JJ., concur. NOTES [1] The language of section 713.24(4) has remained unchanged at all times relevant to this appeal.
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1991 Fla. App. LEXIS 6153, 1991 WL 117009
...When Sartori refused to pay, appellant terminated the job, filed two claims of lien and brought suit to foreclose the two mechanic's liens and for breach of contract. Sartori then transferred the mechanic's liens from the property to a surety bond pursuant to section 713.24, Florida Statutes....
...o recover a reasonable fee for the services of his attorney for trial and appeal, to be determined by the court, which shall be taxed as part of his costs, as allowed in equitable actions. Part I of Chapter 713 concerns mechanic's liens and includes section 713.24. Section 713.24, Florida Statutes is entitled "Transfer of liens to security" and sets forth the procedure for transferring a lien by filing in the clerk's office a bond executed as surety by a surety insurer. Aetna issued the bond in this case pursuant to section 713.24....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1988 WL 75039
...the clerk of the circuit court in the form of a cashier's check, thereby removing the lien from the property of the Mesches. Once the general contractor transferred the claim of lien from the real property to the bond, pursuant to the provisions of Section 713.24(1), Florida Statutes (1985), the Mesches, who were neither parties to the contract between El-Don and Berry, nor principals on the bond, should have been dismissed as party defendants to the action....
...Indian Palms, Inc.,
323 So.2d 282 (Fla. 2d DCA 1975); Schleifer v. All-Shores Construction and Supply Co.,
260 So.2d 270 (Fla. 4th DCA 1972). Berry responds, however, that later case law authority authorizes an attorney's fee in excess of the amount of the payment bond provided in section
713.24(1)(b) (an amount equal to the amount demanded in the claim of lien, together with interest and court costs not to exceed $100), as an unsecured judgment against the owner. See Symons Corp. v. Tartan-Lavers Delray Beach,
456 So.2d 1254 (Fla. 4th DCA 1984), holding that Section
713.24, Florida Statutes, does not prevent an award of an unsecured judgment for attorney's fees against the owner of the real estate....
...In our judgment the facts at bar are controlled by the following rule stated in Deltona Corp.: In a suit to foreclose such a lien ... the owner is a necessary and proper party only to satisfy due process as to him since his property, the res securing the lien, is in jeopardy. Now obviously the purpose of § 713.24, supra, is to permit any owner, whether or not he is in privity with a lienor, to remove the cloud of a lien from his property against which the lien is impressed; and he may do so either before or after suit....
...ts or equities flowing as between him and the owner but, rather, those as between him and the parties with whom he was in privity, in this case the general contractor. Thus if the benefits of the lien are fully secured by the bond provided for under § 713.24, supra, and they are here, then we think, and so hold, that the owner is no longer a necessary party nor is he a proper party, at his option, if he chooses not to contest the amount of the lien....
...dgment *1253 against El-Don for attorney's fees, if the amount deposited were insufficient to cover its litigation costs. Moreover, if the subcontractor were concerned about the amount of the bond, he could have sought, pursuant to the provisions of section 713.24(3), an order requiring additional security....
...Having proceeded solely against the owners of the real property, who were neither in privity with Berry nor principals on the bond, Berry consequently had no cause of action against them to enforce his lien, once the transfer bond was posted in an amount complying with the provisions of section 713.24....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...some 3 years later. In granting a motion to dismiss with prejudice, the trial court noted inter alia that suit against the surety and its principals should have been commenced within one year from the date the lien was recorded. We agree and affirm. Section
713.24(4), Florida Statutes (1973) provides: If no proceeding to enforce a transferred lien shall be commenced within the time specified in §
713.22 or if it appears that the transferred lien has been satisfied of record, the clerk shall ret...
...say the least, confusing and to the extent it varies with what we say now, we adopt the better reasoning set forth here. Moreover, a suit to foreclose a recorded lien naming the real estate sought to be impressed, after transfer to bond is improper. Section 713.24(1), Florida Statutes (1973) clearly provides that upon the filing of a certificate of transfer "......
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2016 WL 1386642, 2016 Fla. App. LEXIS 5404
...Thomas of
Mrachek, Fitzgerald, Rose, Konopka,
Thomas & Weiss, P.A., West Palm Beach,
for Appellant.
Thomas William Franchino of Thomas W.
Franchino, P.A., Naples, for Appellee.
CRENSHAW, Judge.
Georgia Hiller appeals the trial court's order denying her motion for
release of a transfer bond filed under section 713.24, Florida Statutes (2014)....
...v.
Bergeron Land Dev., Inc.,
745 So. 2d 359, 360 (Fla. 4th DCA 1999) ("It is settled law
that recovery may not be allowed where the moving party does not comply with the time
restrictions and notice requirements of the controlling statute.").
Section
713.24 provides a mechanism for an owner whose property is
encumbered by a lien under that chapter to obtain clear title by transferring the lien to
-3-
another security. See, e.g., Deltona Corp. v. Indian Palms, Inc.,
323 So. 2d 282, 283
(Fla. 2d DCA 1975) ("Now obviously the purpose of s
713.24, supra, is to permit any
owner, whether or not he is in privity with a lienor, to remove the cloud of a lien from his
property against which the lien is impressed; and he may do so either before or after
suit."). If an owner elects to file a transfer bond and complies with the statutory
requirements to do so, "the real property shall thereupon be released from the lien
claimed, and such lien shall be transferred to said security." See §
713.24(1).
Importantly, section
713.24(4) provides for the scenario where, as in this case, a claim
was pending on the lien at the time it was transferred:
If a proceeding to enforce a lien is commenced in a court of
competent jurisdiction within the time specified in s....
...ave been
brought as of the date of filing the action to enforce the lien,
and the court shall have jurisdiction over the action.
Pursuant to the "unless otherwise shortened by operation of law"
language in section
713.24(4), section
713.22(2) allows the owner to shorten the time
period to commence an action on the security by filing a notice of contest, as Hiller did
here....
...It is this
failure on the part of Phoenix that compels reversal in this case. The fact that Phoenix
had a proceeding pending against the lien at the time of the transfer did not excuse
compliance with the other provisions of chapter 713. See Cool Guys, LLC,
84 So. 3d at
1078 (explaining that section
713.24(4) unambiguously provides that when a lien is
transferred while a foreclosure suit is pending, a claim must still be brought against the
surety). And because the legislature amended section
713.24(4) in 2005 to include the
requirement that an action be commenced to recover against the security when a lien is
transferred to said security during a proceeding to enforce the lien, see id. at 1077-78,
the trial court erred when it relied on American Fire & Casualty Co.,
377 So. 2d at 164—
a case interpreting a pre-amendment version of section
713.24(4)—to find that
Phoenix's delay in joining the surety did not "violate the statute."
-5-
In light of the nature of this special statutory proceeding, we cannot accept...
...e timely and certain
resolution of the Chapter 713 litigation. See, e.g., Harris Paint Co. v. Multicon
Properties, Inc.,
326 So. 2d 43, 44 (Fla. 1st DCA 1976) ("A fundamental purpose of the
limitation periods established by F.S. s
713.22(1) and s
713.24(4) is the speedy
determination of mechanic's lien claims.").
Reversed and remanded.
KELLY and KHOUZAM, JJ., Concur.
-7-
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1094331
...ivity with the owner. When the contractor failed to pay the Carmonas, they individually filed and recorded timely claims of lien against the real property. Subsequently, McKinley posted a bond transferring each claim of lien to security, pursuant to section 713.24, Florida Statutes (2004)....
...2d DCA 2006) (quoting Consuegra v. Lloyd's Underwriters at London,
801 So.2d 111, 112 (Fla. 2d DCA 2001)). The court must assume that all allegations in the complaint are true and decide whether the plaintiff would be entitled to relief. Russell-Tutty,
928 So.2d at 1279. Section
713.24(1) permits "any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed" to transfer the lien from real property to security....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 13047
...
including in the Final Judgment. It is well established, as a matter of law, that a
5
determination that Seaside’s transfer of the lien to the Travelers bond precluded
liability against Seaside. See § 713.24(1), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2416
...Richards of Johnson, Blakely, Pope, Bokor and Ruppel, P.A., Clearwater, for appellees. CAMPBELL, Judge. Appellant seeks review of the trial court's final judgment which denied appellant the right to recovery in a mechanic's lien foreclosure where the claim of lien had been transferred to a bond pursuant to section 713.24, Florida Statutes (1983)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 9140, 2005 WL 1397435
...it to which a construction lien against Innovative Flooring & Stonecrafters of SWF, Inc., has been attached. Because Royal Marble has failed to allege irreparable harm, we dismiss the petition. Royal Marble moved to increase the security pursuant to section 713.24(3), Florida Statutes (2003)....
...that Royal Marble had failed to present evidence that "the amount of the cash deposit in excess of the amount claimed in the claim of lien is insufficient to pay its attorney's fees and costs incurred in the action to enforce the lien," and (3) that section 713.24(3) does not authorize additional security to cover prospective attorney's fees....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31840861
...After the builder declared bankruptcy, the Behms hired another general contractor to complete the project, and Cape Lumber filed a claim of lien asserting that it had not been fully paid for the materials. ICNA posted a surety bond that transferred the lien to the bond, as permitted under section 713.24, Florida Statutes (1997)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 12474
...On July 27, 2016, the clerk recorded
a certificate of transfer and mailed a copy to the contractor with the notice
of contest.
On October 10, 2016, the homeowners moved to release the bond,
dismiss the foreclosure complaint, and discharge the lis pendens. They
argued that under sections
713.22 and
713.24, Florida Statutes, the
property was released from the lien because the contractor failed to file
suit against the surety within sixty days of the recording of their notice of
contest....
...From this order, the homeowners
appeal.
We have de novo review. See Major League Baseball v. Morsani,
790
So. 2d 1071, 1074 (Fla. 2001).
The homeowners maintain that, when they posted the lien transfer
bond, the lien was transferred to the bond surety and the property was
released from the lien. See §
713.24(1), Fla....
...The clerk properly noticed the contractor. Because
the contractor did not file suit against the surety within sixty days, the lien
was automatically extinguished by operation of law, and the clerk was
obligated to release the bond. See §§
713.22(2),
713.24(4); see also Hiller
v....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...McGilvray filed a claim of lien in the amount of $7,396.01 on January 5, 1972, against the real property. 4. On May 16, 1972, Vic Tanny of Florida, Inc., as principal, and Reliance Insurance Company, as surety, filed a surety bond in the amount of $9,294.24 to fund the lien pursuant to Section 713.24, Florida Statutes (1971), "Transfer of liens to security." [1] 5....
...the time limited by Section
713.22, Florida Statutes (1971). 8. On February 11, 1974, the trial court granted plaintiff's motion to amend the complaint to add Vic Tanny of Florida, Inc., as a party defendant to the suit to foreclose mechanic's lien. Section
713.24, Florida Statutes (1971), provides that any person having interest in real property upon which a lien is imposed may, by complying with the requirements of that section, transfer the lien from the property involved to the security bond posted....
...Any number of liens may be transferred to one such security." [2] "(2) An owner or his agent or attorney may elect to shorten the time prescribed in subsection (1) of this section, within which to commence an action to enforce any claim of lien or claim against a bond or other security under §
713.23 or §
713.24, by recording in the clerk's office a notice in substantially the following form: NOTICE OF CONTEST OF LIEN To: _____________________________ (Name and address of lienor) You are notified that the undersigned contests the claim of lien file...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2017 WL 1364000, 2017 Fla. App. LEXIS 5057
...l court with instructions to “restrict the sums ordered payable by the surety to the amount of its bonded obligation.” See also Aetna Cas. & Sur. Co. v. Buck,
594 So.2d 280, 283 (Fla. 1992) (holding that a surety’s lien-transfer bond under section
713.24, Florida Statutes, did not “allow[ ] a surety’s liability to be increased beyond the face amount of the bond in order to cover costs”); Bayview Constr. Corp. v. Jomar Props., LLC,
97 So.3d 909, 912 (Fla. 4th DCA 2012) (“In the event Jomar is unable to pay the difference, or to increase the [section
713.24] bond on Bay-view’s later request, Bayview may have no recourse, because a surety is liable only up to the face amount of the transfer bond.”); Fid....
CopyPublished | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 9444, 1996 WL 514590
...On denial of the motion to dismiss, Bankers sought and obtained a writ of prohibition from the circuit court on the same ground, giving rise to the instant appeal to this court. This case involves an action brought on a bond which is executed pursuant to section 713.24, Florida Statutes....
CopyPublished | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 15126, 1996 WL 588125
...National Union, as surety, and Roberts & Schaefer, as principal, posted with the Clerk of Circuit Court in Polk County, three (3) transfer bonds and riders to the bonds transferring the Hardaway liens and amended hens to security. 5. Hardaway’s Count IV of its Amended Counter Claim is an action under § 713.24, Florida Statutes, on the three (3) transfer bonds and riders posted by National Union and Roberts & Schaefer....
...Summarization of Arguments In Count IV of Hardaway’s Amended Counterclaim, Hardaway seeks to recover the amount of its three (3) recorded amended claims of lien from the bonds signed by National Union and Roberts & Schaefer (hereafter solely referred to as “Roberts & Schaefer”) pursuant to Florida Statute § 713.24(3)....
...d, or file a motion in a pending action to enforce a lien, for an order to require additional security, reduction of security, change or substitution of securities, payment of discharge thereof, or any other matter affecting said security. Fla.Stat. § 713.24(3) (1995). In the Motion to Dismiss Count IV of Hardaway’s Amended Counterclaim, Roberts & Schaefer contest this Court’s subject matter jurisdiction to hear an action arising under Florida Statutes § 713.24. Roberts & Schaefer set forth the argument that since Florida Statutes Section 713.24 confers jurisdiction to the circuit court where a bond is filed, and that only such circuit court has jurisdiction to review any action against said bond....
...te matters to state probate courts), the matter presented in this motion is not one of them. The only case law which addresses the issue, of exclusive jurisdiction for circuit courts in matters concerning transfer bonds arising under Florida Statute § 713.24 is Stel-Den of America, Inc....
...Roof Structures, Inc.,
438 So.2d 882 (Fla. 4th DCA.1983). In Stel-Den, the Fourth District Court of Appeal was presented with the question of whether or not a county court possessed proper jurisdiction to hear a matter concern *250 ing transfer bonds arising under Florida Statutes §
713.24. Id. at 884. In its holding, the district court adopted a very strict construction' of Florida Statute §
713.24....
...the transfer bond is filed in any action pertaining to said transfer bond. Id. at 884. Roberts & Schaefer cite this decision as controlling precedent for finding that exclusive subject matter jurisdiction in actions arising under Florida Statute § 713.24 lies solely in the circuit court where the bond is filed....
...s claims are incorrect for three (3) reasons. First, the court in Stel-Den did not specifically deal with the issue of exclusive jurisdiction concerning a federal court siting in diversity jurisdiction over an action arising, under Florida Statute § 713.24(3)....
...Secondly, according to the Erie Doctrine, and other prevalent case law, state courts rarely possess exclusive jurisdiction that specifically bars federal courts from presiding over matters while sitting in diversity jurisdiction. Thirdly, Hardaway argües that the language of Florida Statute § 713.24 itself implies that the legislature drafted the statute with the specific intention of not creating exclusive jurisdiction for circuit courts....
...Roof Structures, Inc.,
438 So.2d 882 (Fla. 4th DCA 1983) was asked to determine whether the appropriate court to file an action on a transfer bond was county court or circuit court. Stel-Den,
438 So.2d at 883 . The Stel-Den court did not address the issue of whether or not Florida Statute §
713.24 excludes a federal court sitting with diversity jurisdiction from adjudicating a matter arising under the statute. The holding in Stel-Den only addressed the issue of whether or not a county court possessed proper jurisdiction to hear a matter concerning transfer bonds arising under Florida Statutes §
713.24. Therefore, Stel-Den is not persuasive on the issue of the exclusivity of subject matter jurisdiction for federal courts sitting with diversity jurisdiction in an action arising under Florida Statutes §
713.24....
...sessing subject matter jurisdiction (probate law and certain Eleventh Amendment situations), these situations, or exceptions, are few and far between. These exceptions do not apply to the current situation presented to the Court with Florida Statute § 713.24. Thirdly, there is language within Florida Statute § 713.24 itself which strongly suggests that the legislature never intended to create exclusivity in matters relating to transfer bonds....
...The statute reads in pertinent part that any party having an interest in a transfer bond “... may at any time and any number of times, file a complaint in chancery in the circuit court of the county where such security is deposited, or file a motion in a pending action to enforce a hen,....” Fla-Stat. § 713.24(3) (1995) (emphasis added)....
...r 2) by filing a motion in a pending action to enforce a hen. As a result of the statute’s wording it becomes apparent that the legislature did not intend to create exclusive jurisdiction for circuit courts in matters arising under Florida Statute § 713.24....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 7996, 1990 WL 155071
...Nevertheless, we acknowledge conflict between our decision in this ease and Floridaire Mechanical Systems, Inc. v. Alfred S. Austin-Daper Tampa, Inc.,
470 So.2d 717 (Fla. 2d DCA), rev. denied,
480 So.2d 1293 (Fla.1985). II Both parties agree that the second issue is controlled by section
713.24, Florida Statutes, as amended, which became effective October 1, 1987. This section states in relevant part:
713.24 Transfer of liens to security.— (1) Any lien claimed under part 1 may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, from such real proper...
...ch may be taxed in any proceeding to enforce said lien. Such deposit or bond shall be conditioned to pay any judgment or decree which may be rendered for the satisfaction of the lien for which such claim of lien was recorded. Prior to the amendment, section 713.24 limited costs to $100....
...at 660 . Following this view leads to the conclusion that while the amendment increased to $500 from $100 the amount the surety had to post toward any imposition of costs, it repealed the $100 cost recovery limitation so that no limitation now exists on section 713.24 bonds....
...Appellee notes that a leading treatise on the Florida Mechanic’s Lien Law takes this view. Rakusin, Florida Mechanic’s Lien Manual 16. The third district failed to find this view appealing. In a recent case, which the parties did not bring to this court’s attention, the third district held that section 713.24, Florida Statutes (1986) [sic], only authorized payment of costs up to $500....
...and the increase to $500 was made in 1987.) Fidelity & Deposit Co. v. DiStefano Constr. Inc.,
562 So.2d 845 (Fla. 3d DCA 1990). The third district relied on case law prior to the 1987 amendment and did not comment on any effect the deleted words of section
713.24, Florida Statutes (1987) may have had....
...Appellee asserts that because the surety did not object to the ore tenus motion when appellee made it, it cannot now complain. The trial court stated in its order increasing the bond amount that appellants did not object at the hearing. In addition, as ap-pellee notes, section 713.24(3), Florida Statutes (1987), empowers the trial court to require additional security “at any time, and any number of times.” Accordingly,, we affirm the trial court’s order granting appellee attorney’s fees against the surety, Aetna, and increasing the bond amount....
CopyPublished | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 17166
MELVIN, Judge. Appellant, by interlocutory appeal, seeks to overturn the order rendered by the trial court December 2, 1977, relating to the modification of security deposits made pursuant to the provisions of Section 713.24, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 1992 Fla. App. LEXIS 5089, 1992 WL 98232
...appeals a final judgment for attorney’s fees and costs. We reverse. The trial court entered judgment in favor of Estovir for attorney’s fees and costs in a mechanic’s lien foreclosure action. The lien had been transferred to a lien transfer bond issued pursuant to section 713.24, Florida Statutes (1991)....
...Accordingly the judgment in the present case is reversed and the cause remanded for entry of judgment in favor of Estovir in accordance with DiStefano Construction, Inc.,
597 So.2d at 249-50 . Appellees La Pradera, Inc., and Regency Insurance Company argue that the lien was excessive and should be reduced pursuant to subsection
713.24(3), Florida Statutes (1991)....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 720, 1987 Fla. App. LEXIS 7143
surety bond with conditions as set forth in section 713.-24, Florida Statutes (1985). Also, count IV of
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 2677, 2004 WL 401387
PER CURIAM. The appellant attempted to foreclose a construction lien by suit filed in county court, after which the appellees transferred the construction lien to a security bond pursuant to section 713.24, Florida Statutes (2000)....
...After the matter was transferred to circuit court, the appellees moved to dismiss the appellant’s action against the security bond on the basis that the appellant had not timely initiated an action against the security bond in a court of competent jurisdiction as required by sections
713.22 and
713.24(4), Florida Statutes (2000)....
...We affirm the circuit court’s order granting the appellees’ motion to dismiss with prejudice the appellant’s action against the security bond. Circuit courts have exclusive jurisdiction over actions against liens transferred to security bonds. See § 713.24(3), Fla....
...in section
713.22(2), Florida Statutes, an action against a transferred lien must be filed — in the circuit court — within one year of the date that the transferred lien is recorded or the security must be returned. See §§
713.22(1) & (2);
713.24(4), Fla....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15175
...We have reviewed the several points raised by both parties, and except as noted below find no reversible error. Appellees filed a claim of lien against real property owned by Delcon-Long Bayou Co., Inc. Delcon-Long had the lien transferred from the realty to a surety bond pursuant to Section 713.24, Florida Statutes (1975)....
...A judgment for mechanic’s lien was finally entered against Delcon-Long and its surety, Allstate Insurance Company, in the sum of $19,018.40 plus costs of $1,906.14. That portion of the judgment against the surety relating to costs must be reduced to $100 because the bond specified by Section 713.24 is only required to be conditioned upon the satisfaction of the lien and the payment of costs not to exceed $100....
CopyPublished | Florida 1st District Court of Appeal | 1988 WL 134442
...nt as provided in section
713.31, Florida Statutes. O'Kon thereafter counterclaimed to enforce its mechanic's lien and for breach of contract. During the pendency of the proceeding, the real property subject to O'Kon's lien was sold, and pursuant to section
713.24, Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1402, 1989 Fla. App. LEXIS 3233, 1989 WL 61129
PER CURIAM. We quash that part of the trial court’s order which denied petitioner’s motion for a change or substitution of surety, filed pursuant to section 713.24(3), Florida Statutes (1987)....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1985 Bankr. LEXIS 6025
...bonus of two hundred ninety-one thousand dollars ($291,000.00) for early completion of the project. On June 28, 1984, the Debtor recorded a claim of lien against the project, which lien was transferred to a surety bond on August 6, 1984, pursuant to § 713.24, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 4424, 1990 WL 82459
...Fidelity. The trial court further ordered the lien transfer bond increased “in an amount sufficient to include the award made herein....” The trial court erred in ordering the lien transfer bond increased beyond the amount authorized by statute. Section 713.24, Florida Statutes (1986), only authorizes payment of costs up to $500....
.... On the cross-appeal, we affirm the trial court’s reduction in the number of hours reasonably expended. . DiStefano moved for attorney’s fees in December, 1988. Fidelity had paid the judgment of foreclosure, plus interest, six months earlier. .Section 713.24 now provides for costs of up to 1500.00.
CopyPublished | Court of Appeals for the Eleventh Circuit
...r — 70 days; Building Five — 73 days; Building Six — 76 days; Building Seven — 76 days; and Building Eight — 77 days. . Miscott also sued Safeco Insurance Company of America for recovery under the surety transfer bond pursuant to Fla.Stat. § 713.24 (1985).
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1699, 1987 Fla. App. LEXIS 9269
...When Square Frame failed to pay the appellees their wages, however, each of the appellees recorded and served a claim of lien against the Fairway Woods property in accordance with sections
713.08 and 713.-18, Florida Statutes (1985). After Rutenberg-Sarasota posted mechanics’ lien transfer bonds in accordance with section
713.24, Florida Statutes (1985), and contested the claims of lien, the appel-lees collectively filed an action to recover against the transfer bonds....
CopyPublished | Florida 3rd District Court of Appeal | 2003 WL 21697401
PER CURIAM. The order dismissing this matter for lack of prosecution is affirmed. The transfer of the underlying mechanic’s lien on the subject property to a bond pursuant to Section 713.24, Florida Statutes did not advance the litigation, and, in fact, litigation need not even be pending for a property owner to make such a transfer....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15178
...filed a claim of lien on May 2, 1974, and thereafter on June 6, 1974 the lien thus claimed by the plaintiff was transferred to a bond (on which the surety was the defendant Summit Insurance Company of New York), as authorized in such circumstance by § 713.24 Fla.Stat., F.S.A....
CopyPublished | Florida 4th District Court of Appeal | 1999 Fla. App. LEXIS 12, 1999 WL 2516
...Tampa Power subcontracted the labor and equipment on the project to A & E. In November 1992, A & E recorded a mechanics lien on the Agrico real property. Tampa Power and its surety, American Diversified Insurance Company (ADIC), filed a bond in Polk County pursuant to section 713.24, Florida Statutes (1991), for the purpose of transferring the lien from the real property to the bond....
CopyPublished | Florida 4th District Court of Appeal | 1994 Fla. App. LEXIS 312, 1994 WL 19078
...Gordon Buck (lienor) entered into an oral contract with Pappalardo Construction Co. (contractor) to supply certain construction materials. When contractor failed to pay for the materials, lienor filed a claim of hen against Vincent J. Pappalardo, the president and sole shareholder of Pappalardo Construction Co. Pursuant to section 713.24, Florida Statutes (1989), Vincent J....
...In the initial series of appeals in this case, the supreme court reversed that portion of the trial court’s order awarding attorney’s fees against the surety in excess of the lien-transfer bond amount. Aetna Casualty and Surety Co. v. Buck,
594 So.2d 280, 283 (Fla.1992). The court explained: While section
713.24(3) allows a trial court to order the party providing the bond to either purchase an additional bond or increase the existing bond, or to otherwise *684 provide increased security, the statute does not permit the trial court to increase the liability of the surety beyond the amount of the bond....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 246, 1990 WL 3234
...Shortly thereafter, Steger’s assigned all of its right, title, and interest in accounts receivable to the appellant, Florida National. In order to release its realty from the mechanic’s lien, Phillips had the lien transferred to a surety bond insured by Fidelity. See § 713.24, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 1099, 2001 WL 98919
...the fees were awarded, and the record does not include a transcript of the fee hearing. On appeal, the circuit court agreed with petitioner that the county court lacked subject matter jurisdiction to entertain an action on a surety bond pursuant to section 713.24(3) (providing that actions on transfer liens may be filed in circuit court), and for that reason it vacated the county court’s final judgment in favor of the two sureties....
CopyPublished | Florida 3rd District Court of Appeal
...e although not consolidated as of
the time of the orders under review. In the course of the litigation, Peegz filed
a certificate of transfer transferring High Road’s lien to $121,669.99 in cash
deposited with the clerk of the court pursuant to section 713.24, Florida
Statutes. This had the effect of releasing the real estate from the lien. §
713.24(1)(b), Fla....
...3d 128, 130–31 (Fla.
3d DCA 2024) (quoting Fla. Power & Light Co. v. Cook,
277 So. 3d 263, 264
(Fla. 3d DCA 2019)).
Certiorari is available to address inadequate funding of the deposit to
which a construction lien is transferred pursuant to section
713.24, Florida
3
Statutes, because the contractor who filed the lien faces the prospect of
being left with an unsecured judgment, which is irreparable on final appeal.
See generally Farrey's Wholesale Hardware Co....
...2d DCA 2018). It is also available to review a
wrongful discharge of a lis pendens. Petkovich v. Sandy Point Condo.
Apartments Ass’n,
325 So. 3d 201, 202 n.1 (Fla. 3d DCA 2021).
When a transfer of a lien to a court deposit has occurred pursuant to
section
713.24, the court, upon proper motion, has the responsibility to
ensure the sufficiency of the deposit “to pay the lienor's attorney fees and
court costs incurred in the action to enforce the lien.” §
713.24(3), Fla....
...the same
as he would have been if the lien had not been transferred but remained an
encumbrance against the real estate.”).
We agree with High Road that the “attorney fees and court costs
incurred in the action to enforce the lien,” § 713.24(3), Fla....
...file a motion for an order to require additional security which must be granted
“[i]f the court finds that the amount of the deposit . . . is insufficient to pay the
lienor's attorney fees and court costs incurred in the action to enforce the
lien[.]” § 713.24(3), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 2027, 2005 WL 415082
STRINGER, Judge. Smith Original Homes, Inc., challenges the circuit court’s final judgment entered after it struck Smith’s pleadings for failing to pay a $28,000 increase in the transfer bond pursuant to section 713.24(3), Florida Statutes (2000)....
...They were unable to reach a mediated settlement. In April 2001, Smith deposited $10,739.26 to transfer the lien to the deposited security, representing the amount of the claim of lien, three years’ interest accrual, and anticipated attorney’s fees and costs of about $1700. Section 713.24, Transfers of liens to security, provides in part: (1) Any lien claimed under this part may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is cl...
...the lien, the court must increase the amount of the cash deposit- or lien transfer bond. The court subsequently transferred the case to circuit court in July 2002. Prior to the transfer, the county court had denied Carpet King’s motion pursuant to section 713.24(3), Florida Statutes (1999), to require additional security of $30,000 because its attorney’s fees and costs had greatly exceeded the amount it earlier anticipated....
...2d DCA 2003) (table decision), the circuit court entered a final judgment, and Smith brought this appeal. Mechanics’ lien law must be strictly construed. Aetna Cas. & Sur. Co. v. Buck,
594 So.2d 280, 281 (Fla.1992). In 1998, the legislature amended section
713.24(3), Florida Statutes (1997), to add: If the court finds that the amount of the deposit or bond in excess of the amount claimed in the claim of lien is insufficient to pay the lienor’s attorney’s fees and court costs incurred in the...
...d. Ch. 98-135, § 8, at 923, Laws of Fla. The earlier statute included language that permitted any person having an interest in the security to file á complaint or motion in the pending action for an order to require additional security. See, e.g., § 713.24(3), Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 926, 1990 WL 13352
...(The parties refer the latter as the “buy out” portion of the contract.) After construction was completed C.V. II filed a claim of lien against the properties alleging that Cury had failed to pay C.V. II the required amount. To remove the cloud on the title Cury posted a bond, pursuant to section 713.24, Florida Statutes (1985), in the dollar amounts stated in the lien, but it failed to include funds for the amount which C.V....
...uld frustrate this purpose. However, we reverse that portion of the trial court’s order which dismissed the section of the complaint which sought to *233 have the bond amount increased to reflect the “buy out” provisions of the contract. Under section 713.24(3), Florida Statutes, a lienor is entitled to seek an increase in the amount of the bond or the posting of additional security if it can be shown that the amount of the bond is insufficient....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14322
...t. In fact its action was commenced some 18 months after its claim of lien was filed. When a lien is transferred to a bond an action to enforce the transferred lien must commence within the time specified for action on the lien itself. See Fla.Stat. §
713.24(4), which provides in pertinent part: If no proceeding to enforce a transferred lien shall be commenced within the time specified in §
713.22 the clerk shall return said security upon request of the person depositing or filing the same, or the insurer....
...This opinion is not to be construed as passing on the merits. It does not preclude Universal from later raising matters that may show it is entitled to a judgment despite the fact that this action was not filed within the time period prescribed in § 713.24(4), Fla.Stat....
CopyPublished | District Court of Appeal of Florida
lien which had been transferred pursuant to Section
713.24, Florida Statutes (1975). The Appellant was
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 346, 1989 Fla. App. LEXIS 447, 1989 WL 6312
...The trial court granted the motion to dismiss with prejudice. We affirm. The issue is whether there can be an award of an unsecured judgment for attorney’s fees and costs against the owner of real estate when the lien has been transferred to a bond. Section 713.24 Florida Statutes (1987) concerns transfer bonds. It provides: 713.24 Transfer of liens to security....
...ner, even if he fails to establish part or all of his mechanics’ lien claim; Appellant-materialman’s duly filed mechanic’s lien was transferred from appel-lee-owner’s real property to a surety deposit bond fully covering the lien pursuant to section 713.24(1), F.S.1973....
...ue of the *507 improvements. In a suit to foreclose such a lien, then, the owner is a necessary and proper party only to satisfy due process as to him since his property, the res securing the lien, is in jeopardy. [2, 3] Now obviously the purpose of section 713.24, supra, is to permit any owner, whether or not he is in privity with a lienor, to remove the cloud of a lien from his property against which the lien is impressed; and he may do so either before or after suit....
...s or equities flowing as between him and the owner but, rather, those as between him and the parties with whom he was in privity, in this case the general contractor. Thus, if the benefits of the lien are fully secured by the bond provided for under section 713.24 supra, and they are here, then we think, and so hold, that the owner is no longer a necessary party nor is he a proper party, at his option, if he chooses not to contest the amount of the lien....
...and failed to award attorney’s fees to Symons Corporation as the prevailing party. Tartan Lavers Delray, Inc., as the owner of the property, posted a cash deposit and transferred Symons’ lien from its real property to a cash deposit, pursuant to section 713.24, Florida Statutes....
...Nezelek, to support its position that-it is not liable for attorney’s fees. Gesco held only that the liability for costs of the surety on the bond and the principal, a lending institution, including attorney’s fees, was limited to $100.00, as provided in section 713.24....
...Also aligning with Symons is Gulfstream Pump & Equipment Co. v. Grosvenor Development, Inc.,
487 So.2d 330 (Fla. 2d DCA 1986). That opinion states in toto: The conversion, by transfer, of a mechanics lien to a surety bond undertaken pursuant to section
713.24, Florida Statutes, restricts the recovery from the bond of costs, including an attorney’s fee, to $100.00. Symons Corporation v. Tartan-Lavers Delray Beach, Inc.,
456 So.2d 1254 (Fla. 4th DCA 1984). Section
713.24 does not, however, bar seeking an unsecured award of an attorney’s fee in excess of the statutory limit....
...Also following Symons is Old General Insurance Co. v. E.R. Brownell & Assoc.,
499 So.2d 874 (Fla. 3d DCA 1986) which provides: The narrow question presented by this appeal is whether a mechanic’s lien which is transferred to a bond pursuant to section
713.24 of the Mechanics’ Lien Statute may be increased by the court to provide for attorney’s fees in an amount to exceed $100....
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
...QUESTION THREE Your third question concerns the authority of the clerk of the circuit court under s
28.33 , F.S. (1982 Supp.), to invest funds deposited with the clerk under the Mechanic's Lien Law for the purpose of transferring the lien from real property to other security. Section
713.24 (1), F.S., provides that a lien claim under Part I, Ch....
...a, depositing a sum of money in the clerk's office. Such deposit is to be used to pay any judgment or decree which may be rendered in satisfaction of the lien for which the claim or lien was recorded and costs not to exceed $100. Subsection (2) of s
713.24 expressly states that "[a]ny deposit of money shall be considered as paid into court and shall be subject to the provisions of law relative to payments of money into court and the disposition of same." Thus, money deposited with the clerk pursuant to s
713.24 (1) is, in my opinion, paid into the registry of the court and pursuant to s
28.24 (13), F.S. (1982 Supp.), the clerk of the circuit court is entitled to collect a service charge for receiving such funds into the registry of the court. These funds deposited into the registry of the court are private moneys. See, s
713.24 (2) which provides that any excess of security over the aggregate amount of any judgments or decrees rendered plus costs actually taxed shall be repaid to the party filing the same or his successor in interest. And see, s
713.24 (4) stating that if no proceeding to enforce a transferred lien is commenced within the time period specified in s
713.22 or it appears that the transferred lien has been satisfied of record, the clerk shall return said security upon the request of the person depositing or filing the same, or the insurer....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 18306
...bond” to insure attorney’s fees for Hughes in Hughes’ suit to foreclose on a mechanic’s lien. Hughes, a building supply company, sued the Schonfelds, owners of a shopping center, to foreclose on a mechanic’s lien of $4,013.05. Pursuant to Section 713.24(1), Florida Statutes, the Schonfelds filed a surety bond with the court and transferred Hughes’ lien from the shopping center to the bond. Although the amount of the bond is not indicated in the record, Section 713.24(l)(b) specifies that the amount shall be “equal to the amount demanded in such claim of lien, plus interest thereon at six per cent per year for three years plus $100 to apply on any court costs which may be taxed in any proceeding t...
...s fees, to be taxed as part of his costs, pursuant to Section
713.29. Hughes filed a motion requesting the court to require the Schonfelds to post “additional security” to cover fees for the services of Hughes’ attorney. The motion relied upon Section
713.24(3), which provides: Any party having an interest in [the] security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in chancery in the circuit court of the county where such...
...McKenzie, et al.,
251 So.2d 887 (Fla. 1st DCA 1971). Such is the case here. The mechanic’s lien statute creates a mechanism beneficial to both sides in a lien dispute; a defendant may unencumber his property while the plaintiff may obtain his judgment from a cash or surety bond. Section
713.24(l)(b) requires that the amount of the bond be computed by considering the amount of the claim, interest, and a maximum of $100 in costs....
...mount of the bond. Such a practice would be speculative at best. Here, the record does not reveal the basis for the trial court’s determination that $3,000.00 would be a reasonable fee in this case. Further, Hughes’ statutory interpretation that Section
713.24(3) may permit it to require “additional security” to cover prospective attorney’s fees would have the effect of insuring plaintiff’s attorney’s fees without providing such insurance for defendants, although either party may eventually prevail and be entitled to fees pursuant to Section
713.29....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7478
...9, Fla.Stat. The plaintiff’s complaint was a simple complaint for damages upon alleged breach of contract; there was no claim to enforce a lien either against the real property or to impress a lien against a bond, which had been posted pursuant to § 713.24, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 19122, 2004 WL 2898150
...We reverse a judgment on the pleadings entered in Broward County in favor of National Union, surety on a conditional payment bond arising out of a Dade County construction project. Garrido, a subcontractor, filed a claim of lien against the property in Dade County. The owner then filed a notice of bond, issued pursuant to section 713.245, Florida Statutes....
...Dept. of Ins.,
478 So.2d 1105, 1106 (Fla. 1st DCA 1985). Following discovery, National Union moved for judgment on the pleadings, claiming that the circuit court in Broward County lacked subject matter jurisdiction. National Union claimed that, under section
713.24(3), Florida Statutes, the suit could only be filed in Dade....
...Further, substituting a bond for a lien can change which statutory provisions control awarding fees precisely because of the legal effect of furnishing a payment bond. Id. See also Willey v. M.K Roark, *1093 Inc.,
616 So.2d 1140, 1142 (Fla. 4th DCA 1998). Section
713.24(3), Florida Statutes, has both a jurisdictional element arid a venue element....
...1.140(b); Host Marriott Tollroads, Inc. v. Petrol Enters.,
810 So.2d 1086, 1088 (Fla. 4th DCA 2002). There also is no doubt that circuit courts have jurisdiction over actions against transfer bonds and claims that have been transferred to bonds via section
713.245(4), by way of section
713.24(3), Florida Statutes, regardless of dollar amount. See Blackton, Inc. v. Young,
629 So.2d 938, 940 (Fla. 5th DCA 1993). We have considered Morganti and Halls Ceramic Tile, Inc. v. Tiede-Zoeller Tile Corp.,
522 So.2d 111 (Fla. 5th DCA 1988), as to National Union’s contention that section
713.245, Florida Statutes, precludes recognizing subject matter jurisdiction in Broward County....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 8438, 1995 WL 467815
...In a prior appeal in this case, Aetna Casualty and Surety Co. v. Buck,
594 So.2d 280 (Fla.1992), the supreme court determined that a surety’s liability for attorney’s fees could not be imposed beyond the face amount of the bond in order to cover costs. In reaching this conclusion, the court said: While section
713.24(3) allows a trial court to order the party providing the bond to either purchase an additional bond or increase the existing bond, or to otherwise provide increased security, the statute does not permit the trial court to increase the liability of the surety beyond the amount of the bond....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 4006417, 2013 Fla. App. LEXIS 12361
...Appellant, Attaway Electric, Inc., appeals the trial court’s non-final order, entered in favor of appellees, Kelsey Construction, Inc., and Travelers Casualty and Surety Company of America, changing venue for a suit on claims of lien transferred to a bond pursuant to section 713.24, Florida Statutes. The court directed that the suit, filed in Broward County, where the liened property is located, be changed to Orange County, which was designated as the proper venue in the contracts between Kelsey and Attaway. We reverse, because section 713.24 provides that any claim on the bond must be brought in the circuit court of the county where the security is deposited, and contract claims involving the same matters should be brought in the same place to avoid inconsistent rulings....
...The written contracts between the parties provided that suits brought on any disputes must be filed in Orange County, Florida, the corporate home of Kelsey. In summer 2012, Attaway filed a claim of lien for unpaid sums on both of the subcontracts. Thereafter, the liens were transferred to bonds pursuant to section 713.24....
...Counts III and IV were breach of contract claims as to Kelsey only. Appellees moved to dismiss the complaint or, in the alternative, to transfer venue, citing the mandatory forum selection clause in each of the subcontracts. Attaway opposed the motion based upon the mandatory provision of section 713.24(3)....
...t the venue provision of the contract required the transfer to the contractually agreed venue, and Travelers had stipulated to the transfer, so that there was no possibility of multiple suits or conflicting results. From this order, Attaway appeals. Section 713.24 addresses transfer of liens to security....
...ty upon which the lien is imposed or the contract under which the lien is claimed, from such real property to other security by ... [fjiling in the clerk’s office a bond executed as surety by a surety insurer licensed to do business in this state. § 713.24(l)(b), Fla....
...The statute also provides that “[a]ny party having an interest in such security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in chancery in the circuit court of the county where such security is deposited .... ” § 713.24(3), Fla. Stat. (emphasis added). The issue in this case is whether the contractually mandated venue provision or the above statutory language controls. We have already held that section 713.24(3) is mandatory with respect to venue....
...4th DCA 2003), we also held that the statute prevailed over a contractual venue provision. There, a subcontractor-appellee sued the contractor-appellant for breach of contract and to enforce a claim of lien. The claim of lien had been transferred to a bond pursuant to section 713.24....
...It may also order disbursement of proceeds or discharge of the bond. The Clerk of Broward County, however, is not subject to the jurisdiction to the court in Orange County, where the action has been transferred. Moreover, other claims could be made against the bond. Section 713.24(3) states that “[a]ny party having an interest in such security or the property from which the lien was transferred ” may file an action for payment from the security....
...rsuant to section
713.23. Appellants claimed that this distinguished the case from cases on transfer bonds. However, our court noted that the case involved both a claim against the payment bond as well as a claim of lien transferred to a bond; thus, section
713.24 applied.
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
...the lienor of the posting of the bond and directing the lienor to release the customer's motor vehicle. You inquire whether the general provisions of s.
28.24 , F.S., regarding service charges by the clerk of the circuit court, or the provisions of s.
713.24 (1), F.S., relative to service charges on transfers of liens to other security under part I of ch. 713, are applicable to the services rendered by the clerk under s.
559.917 (1)(a), F.S. (1980 Supp.). Section
713.24 does not govern the clerks' services under s....
...by the following language: `For preparing the certificate, the claimant shall pay to the clerk the service charge as prescribed in s.
28.24 (9) and the necessary costs of mailing, in addition to the recording charges as prescribed in s.
28.24 (16).' Section
713.24 , F.S., a statute similar to the one at issue here but involving liens on real property, provides that `[t]he clerk shall be entitled to a fee for making and serving the certificate, in the sum of $10....
...y the kind of instruments specifically enumerated in s.
28.222 , Id ., and any other instruments or certified copies of instruments required or authorized by law to be recorded in the official records of the county. See, e.g ., ss.
28.29 ,
55.10 and
713.24 , Id ....
...II, State Const., provides that `[t]he powers, duties compensation and method of payment of state and county officers shall be fixed by law .' (Emphasis supplied.) Section
559.917 (1)(a), F.S. (1980 Supp.), does not direct the clerk of the court to approve the cash or surety bond posted by the customer. Cf . s.
713.24 , F.S., wherein the Legislature provided that `[f]or recording the certificate and approving the bond , the clerk shall receive his usual statutory service charges as prescribed in s....
...(1980 Supp.), requiring the owner of a vehicle or any person claiming an interest in the vehicle or a lien thereon who files a demand for hearing with the clerk of the circuit court to mail copies of such demand *3564 to all other owners and lienors; and s. 713.24 (1), F.S., requiring the clerk to mail a copy of a certificate showing the transfer of a lien from real property to other sucurity by registered or certified mail to the lienor named in the claim of lien so transferred....
...Mayo,
204 So.2d 550 (1 D.C.A. Fla., 1967); Neal v. Bryant, supra . Had the Legislature intended to require the depositor to request or otherwise move for the discharge of the bond, it could have easily provided for the same as it has in the past. See, e.g ., s.
713.24 (4), F.S....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 11570
...After completion of the work, certain disputes had not been resolved. On October 8, 1985, Lyons filed a claim of lien against the property, claiming that Central Constructors owed it *1565 $179,000 for work performed on the project. As permitted by Florida Statutes, § 713.24 Fla.Stat., the lien was transferred to a security bond, issued by Seaboard Surety Company....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 3711508, 2012 Fla. App. LEXIS 14505
...(Jo-mar) and its surety, Accredited Surety and Casualty Company, Inc., for reduction in transfer bond. We deny the petition. *911 Bayview sued Jomar for breach of a construction contract and also to foreclose its construction lien against Jomar’s real property. Pursuant to section 713.24, Florida Statutes, Jomar transferred the construction lien to a bond in the amount of $1,602,455.40, which was calculated based on the face amount of the lien, which was $1,014.212.30....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1986 Bankr. LEXIS 5419
...On May 11, 1982, the Defendants named were the owners of the real property involved in the contract in the State Court action. They substituted a bond as security for the Trustee’s lien, thereby releasing the real property from the lien pursuant to § 713.24 of the Florida Statutes....
..., served a copy of the transfer bond upon “Jensen as Trustee in Bankruptcy of JOHANSEN CONSTRUCTION COMPANY, INC.” On December 8, 1982, the Defendants in the State Court action requested Green to release the bond. The demand was made pursuant to § 713.24(4) of .the Florida Statutes, which specifies that a Claim of Lien shall remain valid for only one year....
...ust be held to have known the federal as well as the state law pertaining to the performance of his statutory duties, particularly the effect of § 108 of the Bankruptcy Code on the statute of limitations including the one year date fixed by Chapter 713.24 of the Florida Statutes....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
his custody and control. AS TO QUESTION 3: Section
713.24(1)(a), F.S., provides, generally, that a lien
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
...to separate the judicial and nonjudicial functions of that office, with the clerk of the court handling those matters pertaining to the courts and the county comptroller handling the nonjudicial duties formerly performed by the circuit court clerk. Section 713.24 , F.S., provides for the transfer of a mechanic's lien from real property to other security by either depositing a sum of money in "the clerk's office" or filing "in the clerk's office" a surety bond. Subsection 713.24 (2) provides also that the money deposited in the clerk's office to effect a transfer of the lien "shall be considered as paid into court and shall be subject to the provisions of law relative to payments of money into court and the di...
...713 , F.S., are performed in his capacity as county recorder — that is, the keeper of the official records of the county in which instruments relating to land, such as deeds, mortgages, mechanics' liens, and the like, are recorded. Thus, even though directed by subsection 713.24 (2) to handle security deposits for lien transfers in the same manner as court registry funds which he handles in his capacity as clerk of the court, a circuit court clerk is still dealing with such funds in his capacity as county recorder and not as clerk of the court....
...ptroller would be required to take over the nonjudicial duties of recording mechanics' liens, including the handling of security deposits to which such liens may be transferred. The comptroller may, of course, under the express terms of the statute, s. 713.24 (2), deal with these funds in the same manner as the clerk of the court deals with court registry funds.
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8045, 1991 WL 152512
...ire some evidence to fix the amount of the bond, if the amount of the lien were disputed. 2 Certainly we think such a bond should be sufficient in amount to cover all claims in suit. We note that the analogous provision in the mechanic’s lien law, section 713.24, Florida Statutes (1989), does not include attorney’s fees in setting the *372 amount of the statutory bond, but there does not appear to be any reason why the chancellor might not include attorney’s fees in setting the amount of the bond if the facts and circumstances required....
...immediately reviewable. We must therefore deny extraordinary review at this time, but without prejudice to present a new motion and offer evidence on the subject. CERTIORARI DENIED. POLEN, J., concurs. DOWNEY, J., concurs in result only. . See e.g. section 713.24, Florida Statutes (1989), which makes express provision for such a bond and fixes the amount of the bond and allows the court to increase the bond (or "security”, in the language of the statute) or decrease it, or substitute security, and the like....
CopyPublished | Florida 3rd District Court of Appeal
...On June 22, 2021, after Woolems
filed its complaint and posted a $46,118.27 cash deposit (“Cost Deposit”)
as security, and after Catalina had answered Woolems’ complaint,
Woolems filed a lien transfer bond with the Monroe County Clerk of Courts
pursuant to section 713.24, Florida Statutes. 1 That statute provides that on
1
Section 713.24 (1) provides:
(1) Any lien claimed under this part may be transferred, by any
person having an interest in the real property upon which the
lien is imposed or the contract under which the lien is claimed,...
....
(Emphasis added).
4
rather than against Woolems to enforce the transferred lien against security
posted by Woolems back in June 2021.
On December 23, 2021, Woolems filed a motion for release of its
Cost Deposit. Woolems asserted that pursuant to section
713.24(4),
Catalina was required to file suit against Woolems within one year, unless
shortened by operation of law as provided by sections
713.22(1) and (2),
Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
...h, for appellee.
PER CURIAM.
Appellant Jakelin Edmondson (“Homeowner”) seeks review of a trial
court order that granted Appellee Tri-County Electrical Services, Inc.’s
(“Contractor”) motion to increase a cash security bond pursuant to section
713.24(3), Florida Statutes (2020)....
...treat
Homeowner’s “petition for writ of certiorari” as an appeal of a final order. See
Fla. R. App. P. 9.030(b)(1)(A).
After Contractor filed suit, Homeowner transferred the claim of lien to
a cash security bond for $9,339.45, pursuant to section 713.24(1), Florida
Statutes (2022). A month later, Contractor moved to increase the cash
security under section 713.24(3), Florida Statutes (2022)....
...Additionally, while this Court looks at the substance of filings over
form, the motion to increase the bond did not challenge the final order on
one of the accepted bases in the rule. See Concept, L.C. v. Gesten,
662 So.
2d 970, 973 n.3 (Fla. 4th DCA 1995).
The trial court here relied on section
713.24 as the basis for its
jurisdiction to increase the security bond. Section
713.24(3) permits a
motion to increase a bond in a “pending” action to enforce a lien:
Any party having an interest in such security or the property
from which the lien was transferred may at any time, and any
number of...
...motion in a pending action to enforce a lien, for an order to
require additional security, reduction of security, change or
substitution of sureties, payment of discharge thereof, or any
other matter affecting said security.
§ 713.24(3), Fla. Stat. (2022) (emphasis added).
The action here was not “pending” under section 713.24(3)....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19248
...Clerici, Inc.,
340 So.2d 1194 (Fla. 4th DCA 1976). Claims of lien by putative lienors (other than the contractor) filed subsequent to execution and delivery of the payment bond are transferred to that bond with the same effect as liens transferred under section
713.24, Florida Statutes (1977). See §
713.23(2), Fla.Stat. (1977). It is difficult to ascertain the legislative intent underlying the latter language because one statute (§
713.24) deals with valid liens, and the other (§
713.23) does not....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15463
...The subcontractor was in privity only with the general contractor, and not with the owner. Thereafter, some four months later, on May 28th, 1974, before service was perfected and long before the entry of the summary judgment, the owner transferred the lien to bond, pursuant to Florida Statutes § 713.24, the material portion which reads: *784 713.24 Transfer of liens to security (1) Any lien claimed under part I of this chapter may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, from such real property to other security by either: ....
...We disagree, can see no rationale for the distinction, and the Statute cited does not so limit the ability to transfer. As was succinctly stated by Judge McNulty in Deltona Corporation v. Indian Palms, Inc.,
323 So.2d 282 (Fla. 2nd DCA 1975): Now obviously the purpose of §
713.24, supra, is to permit any owner, whether or not he is in privity with a lienor, to remove the cloud of a lien from his property against which the lien is impressed; and he may do so either before or after suit....
CopyPublished | Florida 2nd District Court of Appeal
...of the trial
court's rulings as departures from the essential requirements of the law.
Because Hall has not demonstrated any departure, we deny the petition.
We write to discuss Hall's contention that the trial court misconstrued
sections
713.22 and
713.24, Florida Statutes (2022),1 in concluding that
Hall's claim of lien was extinguished by operation of law.
BACKGROUND
The parties entered into a contract in March 2020, under which
Canoe Creek was to pay Hall to provide construction and other services
at Canoe Creek's property....
...On April 14, 2022, Hall recorded a claim of lien on Canoe Creek's
property in the amount of $825,639.46 (the Original Claim of Lien). The
following month, on May 17, 2022, Canoe Creek transferred the Original
Claim of Lien to a lien transfer bond pursuant to section
713.24(1)(b).
Three days later, on May 20, 2022, Canoe Creek recorded a notice of
contest of Hall's lien pursuant to section
713.22(2).
In late May 2022, Hall recorded an amended claim of lien on Canoe
Creek's property in the new amount...
...notice of contest of Hall's Original Claim of Lien. Hall's complaint does
not mention the transfer bond, much less assert a claim against it.
About two weeks later, on July 1, 2022, Canoe Creek transferred
the Amended Claim of Lien to a lien transfer bond pursuant to section
713.24(1)(b)....
...to Count II, its claim for foreclosure of construction lien.
Following a hearing on May 9, 2022, the trial court granted Canoe
Creek's motion for partial summary judgment on Count II. The court
3
reasoned that under sections
713.22(2) and
713.24(1)(b) and (4), Canoe
Creek's transfer and recording of the notice of contest as to the Amended
Claim of Lien during the litigation shortened the time for Hall to bring a
claim against the bond to sixty days, and Hall's failure to timely do so
extinguished its lien automatically as a matter of law....
...Dep't of Highway Safety & Motor Vehicles,
87
So. 3d 712, 723 (Fla. 2012) (citing Ivey,
774 So. 2d at 682-83).
The Parties' Arguments
Hall contends the trial court departed from the essential
requirements of the law by misinterpreting sections
713.22 and
713.24.
Hall raises several arguments, relying principally on its factual assertion
that Canoe Creek "did not transfer their lien during this proceeding. It
was transferred just prior." (Emphasis added.)
On that express basis, Hall asserts that the court wrongly applied
section
713.24(4), which addresses circumstances in which the lien is
transferred during litigation....
...e restrictions and notice
requirements of" chapter 713. Id. (quoting N. Am. Spec. Ins. v. Bergeron
Land Dev., Inc.,
745 So. 2d 359, 360 (Fla. 4th DCA 1999)).
The two construction lien statutes at the heart of this dispute are
section
713.22 and section
713.24....
...But subsection (2) of that statute states that
"[a]n owner . . . may elect to shorten the time prescribed in subsection (1)
within which to commence an action to enforce any claim of lien or claim
6
against a bond or other security under . . . s. 713.24 by recording in the
clerk's office a" notice of contest of lien....
...(Emphasis added.) It provides
further that "[t]he lien of any lienor upon whom such notice is served and
who fails to institute a suit to enforce his or her lien within 60 days after
service of such notice shall be extinguished automatically." Id.
With respect to transfers, section 713.24(1)(b) provides that "[a]ny
lien claimed under this part may be transferred ....
...The clerk is thereafter obligated to "make
and record a certificate showing the transfer of the lien from the real
property to the security." Id. "Upon filing the certificate of transfer, the
real property shall thereupon be released from the lien claimed, and such
lien shall be transferred to said security." Id.
Section 713.24(4) provides that where "a proceeding to enforce a
transferred lien is not commenced within the time specified in s....
...of filing the action to enforce the lien, and the court shall
have jurisdiction over the action.
(Emphasis added.)
Construing these two statutes together, this court has expressly
held that the "unless otherwise shortened by operation of law" language
in section
713.24(4) encompasses the time-shortening provision of
section
713.22(2). Hiller,
189 So. 3d at 275 ("Pursuant to the 'unless
7
otherwise shortened by operation of law' language in section
713.24(4),
section
713.22(2) allows the owner to shorten the time period to
commence an action on the security by filing a notice of contest ....
...Two weeks later, Canoe Creek
transferred the Amended Claim of Lien to the bond and recorded its
notice of contest thereof, just as it had with the original one.
Thus, after Hall commenced litigation on its Amended Claim of
Lien, Canoe Creek's actions in transferring the Amended Claim of Lien to
bond under section
713.24 and then recording its notice of contest of the
Amended Claim of Lien under section
713.22(2) operated to shorten the
8
time period for Hall to bring an action against the surety on the bond to
sixty days....
...On that question, the statutory language is quite clear: after Hall
"commenced" this "proceeding to enforce a lien" expressly seeking to
recover on its Amended Claim of Lien, "during such proceeding, the lien
[wa]s transferred" by Canoe Creek. See § 713.24(4)....
...citing to Jack Stilson & Co.,
278 So. 2d at 283. Although this general
proposition is true, it does not operate to preserve the lien past its
express statutory endpoint.
In addition to the foregoing plain language analysis of sections
713.22 and
713.24, section
713.08(4)(b) states that claims of lien "may
be amended at any time during the period allowed for recording such
claim of lien, provided that such amendment shall not cause any person
10
to suf...
