The 2023 Florida Statutes (including Special Session C)
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. . . See § 713.08(5), Fla. Stat, (2008). . . .
. . . See § 713.08(5), Fla. . . . Best had offered no evidence to support its allegation that the lien was timely filed under section 713.08 . . . testified that the work was completed on several dates outside the ninety-day filing window of section 713.08 . . .
. . . See §§ 713.08, 713.21, Fla. Stat. (2009).” See also, McDaniel v. . . .
. . . Section 713.08(4)(b) permits the amendment of a claim of lien “during the period allowed for recording . . . Since Premier Finishes is now forever barred from amending the claim of lien, we must address section 713.08 . . . be recorded “later than 90 days after the final furnishing of the labor or services or materials.” § 713.08 . . . See generally § 713.08(1)-(3). . . .
. . . .’ § 713.08(4)(a).”); see also Stunkel v. . . .
. . . Under section 713.08(5), Florida Statutes (2006), a claim of lien must be recorded no later than ninety . . . enforcement of such lien as against one who has not been adversely affected by such omission or error.” § 713.08 . . .
. . . See §§ 713.08, 713.21, Fla. Stat. (2009); Mills v. Robert W. . . .
. . . Section 713.08, Florida Statutes, provides that a claim of lien "may be recorded at any time during the . . .
. . . mandates “prevailing party” attorneys’ fees disregards the fact that a claim of lien under section 713.08 . . . labor, services or materials furnished,” and the “amount unpaid” be part of the “claim of lien.” §§ 713.08 . . . (l)(c),(g), 713.08(3), Fla. . . .
. . . Section 713.08(5) of the Florida Statutes provides that a “claim of lien may be recorded at any time . . .
. . . provision regarding mechanic’s liens, see section 718.121, Florida Statutes (2006), versus section 713.08 . . . Sections 713.08(l)(d) and (e) specify that a recorded claim of lien “shall” state a description of the . . . Section 713.08(4)(a) provides that an omission or error within a claim of lien “shall not, within the . . . Section 713.08(4)(b) permits the amendment of a lien “during the period allowed for recording such claim . . . Section 713.08(5) allowed 90 days from the date Trintec’s “final furnishing of the labor or services . . .
. . . . §§ 713.05, 713.08, Fla. Stat. (2004). . § 713.31, Fla. Stat. (2004). . § 713.29, Fla. . . .
. . . Thus, for example, section 713.08(5), Florida Statutes, requires a claim of lien to be recorded at any . . . test to be applied in determining whether particular work constitutes a final furnishing under section 713.08 . . .
. . . The applicable statute is Section 713.08(5) of the Florida Statutes which provides: The claim of lien . . . final furnishing” of labor, services, or materials by a pool contractor under Florida Statute Section 713.08 . . . Clearly, under Florida Statute Section 713.08(5), work performed “in fulfillment of a contract ... extends . . .
. . . After a claim of lien against an owner is recorded pursuant to section 713.08, Florida Statutes (2000 . . .
. . . on the public records against the Property within the 90 days required by Florida Statutes Section 713.08 . . . Stat. § 713.08(5), Claim of Lien, prescribes: The claim of lien may be recorded at any time during the . . . lien created by the Florida legislature clearly depends on the requirement of Florida Statute Section 713.08 . . . Stat. § 713.08(5), is (1) whether the work was done in good faith, (2) within a reasonable time, (3) . . .
. . . . § 713.08(5), Fla. . . . The court also found the lien was timely filed within the meaning of s. 713.08(5). . . . Palm Coast’s post-termination retrieval of its equipment, constituted “final furnishings” under s. 713.08 . . . See § 713.08(5), Fla. Stat. (1997); Stunkel v. . . . test to be applied in determining whether particular work constitutes a “final furnishing” under s. 713.08 . . .
. . . Contractor under the terms of said agreement between Owner and Contractor and in compliance with Chapter 713.08 . . .
. . . Pursuant to § 713.08, Florida Statutes, White Sands recorded its claim of lien against the subject property . . .
. . . of the Barlows’ residence, Molloy ceased construction and filed a claim of lien pursuant to section 713.08 . . . Stat. § 713.08(5). . . . Section 713.08(4)(b) allows a claim of lien to be amended at any time during the 90-day period provided . . .
. . . .” § 713.08(5), Fla. Stat. (1995). . . .
. . . adverse effect,” has its genesis in the statutory interplay between section 713.06(2)(a) and section 713.08 . . . Section 713.08(4)(a) provides: The omission of any of the foregoing details or errors in such claim of . . .
. . . See section 713.08(1) and (5), Florida Statutes. . . .
. . . FWS then recorded its claim of Ken for $467,123.48 as aKowed by Section 713.08, Florida Statutes (1995 . . . Landscaping Design, Inc., 660 So.2d 623 (Fla.1995) (court construed claim of lien statute, section 713.08 . . .
. . . See § 713.08(5), Fla. Stat. (1993). Olympia Tile (USA), Inc. . . .
. . . recorded within 90 days of the final furnishing of materials to the job site as required by section 713.08 . . . Section 713.08(5) provides in pertinent part that: The claim of lien may be recorded at any time during . . . Id. § 713.08(5). . . . section 255.05(2) and the meaning of “complete delivery ” of rental equipment, rather than section 713.08 . . . of Lien within 90 days of the final furnishing of materials to the job site as required by section 713.08 . . .
. . . Section 713.08(3) requires that a claim of lien include an attestation by a notary. . . . Section 713.08(4)(a), states: The omission of any of the foregoing details or errors in such claim of . . .
. . . . § 713.08(4)(a), Fla. Stat. (1991). . . . . §§ 713.08(4)(a), 713.10, 713.12, Fla. Stat. (1993). . . .
. . . See § 713.08(4)(b), Fla.Stat. (1991). . . . .
. . . . § 713.08(2). . . . Fla.Stat. 713.08(4)(a); In re Twelve Oaks, Ltd., 59 B.R. 736 (Bankr.M.D.Fla.1986). . . . In addition to allowing perfection when the owner’s name is incorrect, Section 713.08(4)(a) apphes to . . .
. . . East Coast Supply Corp., 495 So.2d 932 (Fla. 4th DCA 1986) (addressing section 713.08(4)(a), Florida . . .
. . . The time for recording such claim of lien is set forth in section 713.08(5), Florida Statutes, which . . .
. . . trial court’s construction of subsection 713.16(2) is at odds with the policy stated in subsection 713.08 . . .
. . . Section 713.08 provides that [f]or the purpose of perfecting his lien under part I, every lienor, including . . . This statute goes on to specify the contents required in the claim of lien and, in section 713.08(5), . . . 713.05 he is not required to file his claim of lien within the 90 day period provided for in section 713.08 . . . claim of lien of lienors in privity must be filed within the 90 day period provided for in section 713.08 . . . complying with other statutory requirements for perfecting his lien including the requirements of section 713.08 . . .
. . . Section 713.08, Florida Statutes (1985). . . . .
. . . This court in Tully held that the predecessor provision to section 713.08(5), Florida Statutes (1987) . . . 932, 935 (Fla. 4th DCA 1986): While the contents of a claim of lien are specified by statute, section 713.08 . . . prevent enforcement of the lien against one unless he is adversely affected by the error or omission. § 713.08 . . .
. . . within ninety days of the failure to receive any payment due from delivery date for any materials); § 713.08 . . . the effect of repairs on the ninety-day notice required by Florida’s Mechanics' Lien Statute, section 713.08 . . . Viking Builders, 391 So.2d at 303 (notice of lien, required by section 713.08(5) to be recorded not later . . .
. . . out of which the claim arose, it did not include a description of the property as required under § 713.08 . . . We cannot accept this argument in light of the clear language of 713.08(4)(a) that an omission will not . . .
. . . , Sunair moved for a directed verdict on the ground that Renovations failed to comply with sections 713.08 . . . Section 713.08(5) provides in relevant part: The claim of lien may be recorded at any time during the . . . Therefore, we conclude that there was compliance with the filing requirements of section 713.08(5). . . .
. . . recorded and served a claim of lien against the Fairway Woods property in accordance with sections 713.08 . . .
. . . Section 713.08(5), Florida Statutes. . . . .
. . . Section 713.08(5) provides that: The claim of lien may be recorded at any time during the progress of . . .
. . . While the contents of a claim of lien are specified by statute, section 713.08, Florida Statutes (1981 . . . prevent enforcement of the lien against one unless he is adversely affected by the error or omission. § 713.08 . . .
. . . . § 713.08(5). . . . Section 713.08(5) of the Florida Statutes states: The validity of the lien and the right to record a . . . F.S.A. § 713.08(5). . . . Claimants argue that Florida Statute § 713.08(5) is the “generally applicable law” which permit them . . . The language in Florida Statute § 713.08 which upholds the validity of a lien notwithstanding the bankruptcy . . .
. . . Finally, I would invoke the harmless error section of the mechanics lien statute, section 713.08(4)(a . . .
. . . the August 10 amended claim of lien was invalid because it was not filed in accordance with section 713.08 . . . The claim of lien form filed by appellant substantially complied with the form contained in section 713.08 . . . Section 713.08(4)(a) provides: “The omission of any of the ... details or errors in such claim of lien . . .
. . . . § 713.08(1). A. . . . Claim of Lien Only “substantial” compliance with the requirements in Florida Statute § 713.08 is required . . . F.S.A. § 713.08(4)(a). See also George J. Motz Construction Corp. v. Coral Pines, Inc., supra. . . . This liberal reading of Florida Statute § 713.08 reasonably and fairly carries out the remedial intent . . . F.S.A. § 713.08(5). Barker recorded its claim of lien on June 4, 1985. . . .
. . . (mechanic’s liens), and especially § 713.08(l)(c), Fla.Stat. (claim of lien). . . . .
. . . .” § 713.08(5) Fla.Stat. . . .
. . . Section 713.08(5), Florida Statutes (1983), provides that a claim of lien may be recorded at any time . . . the claim of lien within ninety days of completion of the project, in full compliance with section 713.08 . . .
. . . Section 713.08, Florida Statutes, in subsection (4)(a) specifically states that: The omission of any . . .
. . . Section 713.08(5), Florida Statutes (1979) provides, inter alia, that a claim of lien may be recorded . . .
. . . notice of claim in substantially the same form required for claims of lien under Florida Statutes § 713.08 . . .
. . . Hobbs argues that section 713.08(l)(c), Fla.Stat. (1981), would allow it to claim the “value” of its . . .
. . . General Electric first filed a claim of lien (§ 713.08, Fla.Stat. (1981)) and notice to owner (§ 713.06 . . .
. . . subsequent notices to owner filed pursuant to section 713.06(2) and claims of lien filed under section 713.08 . . .
. . . Section 713.08(5), Florida Statutes (1981), states that recordation of a claim of lien constitutes constructive . . .
. . . last furnishing of materials on open account, the defendants contend that the action is barred by Sec. 713.08 . . . paid for and satisfied, the only lien asserted, and thus the pertinent “final furnishing” under See. 713.08 . . . payment for those materials which, as we have already seen, makes no difference in the application of 713.08 . . .
. . . commencing work pursuant to Florida Statutes, § 713.06(2)(a), and further complied with Florida Statutes, § 713.08 . . .
. . . On January 30, 1979, within the 90-day period after completion provided by Sec. 713.08(5), Fla.Stat. . . .
. . . It should be noted that Section 713.08, Florida Statutes, provides for a lien in the amount remaining . . .
. . . Section 713.08(4)(a), Florida Statutes (1980), specifically provides that the omission of details or . . .
. . . Section 713.08(5), Florida Statutes (1979), provides in part: The claim of lien may be recorded at any . . .
. . . Although Anderson’s lien was not in the form prescribed in Section 713.08(3), there is no showing that . . . The trial court therefore acted within its discretion in enforcing Anderson’s lien. § 713.08(4)(a), Fla.Stat . . . to have prejudiced appellant; thus, the trial court was correct in not finding his claim voidable. § 713.08 . . .
. . . Thus, the Aronsons contended that the claim of lien was not filed timely as required by Section 713.08 . . . Section 713.08(5) provides in pertinent part: The claim of lien may be recorded at any time during the . . .
. . . Section 713.08(5) of the Florida Statutes provides that a lien may be recorded at any time within “ninety . . .
. . . The primary issue raised by this appeal is whether the recording of a Claim of Lien under Section 713.08 . . . The recording of a claim of lien pursuant to Section 713.08, Florida Statutes is a statutory prerequisite . . .
. . . Section 713.06(2), Florida Statutes (1977), “Notice to Owner”, or within the 90-day period of Section 713.08 . . .
. . . See Section 713.08, Florida Statutes (1975). . . .
. . . Sullivan filed a claim of lien pursuant to Section 713.08, Florida Statutes (1977), on March 7, 1975. . . . On April 9, 1975, Moody filed his claim of lien in accordance with Section 713.08, but did not file suit . . . The relief which Moody sought under Section 713.23 was entirely separate from that afforded him by 713.08 . . . There is no requirement, as in 713.08, that the lienor otherwise perfect his lien by bringing suit within . . .
. . . Appellee Goodwin filed a claim of mechanic’s lien against the owners pursuant to Section 713.08, Florida . . .
. . . The claim was filed within 90 days from the final furnishing of material as is required by Section 713.08 . . .
. . . A lien is perfected by recording a claim of lien in the manner and form set forth in Section 713.08, . . .
. . . STATUTE INVOLVED Section 713.08(5), Florida Statutes (1971), provides in pertinent part: “The claim of . . . , which was filed on 9 February, was not filed within the 90-day period of time mandated by Section 713.08 . . . work on 4 or 9 November is not the furnishing of labor or services within the intendment of Section 713.08 . . .
. . . The claim of lien followed the form set out in Section 713.08(3), but stated the amount remaining unpaid . . . First, Section 713.08(l)(g) provides in part, “ . . . . . . Following that directory language Section 713.08(3) sets forth a form which contains all the required . . . The conclusion to be drawn from these quoted portions of Section 713.08 is that technical fulfillment . . . In fact, such omissions or errors may, according to Section 713.08(4)(a) be fatal to the maintenance . . .
. . . may the lienor by his own oral testimony prove his compliance with the requirement of Florida Statute 713.08 . . .
. . . days plus one year from completing delivery to claim a lien and sue for foreclosure under Sections 713.08 . . .
. . . On April 14, 1975, appellant filed a claim of lien pursuant to F.S. 713.08. Appellees, Mr. and Mrs. . . . lien was recorded within 90 days after the final furnishing of labor and materials as required by F.S. 713.08 . . .
. . . property for $6,415.00, which was within the ninety day period as required under Florida Statute § 713.08 . . . required by F.S. § 713.06(2)(a), provided appellee had complied with the ninety day requirement of F.S. § 713.08 . . .
. . . to § 713.06(2), F.S.1973, and timely recorded a claim of lien in the amount of $880.40 pursuant to § 713.08 . . .
. . . The amended complaint failed to allege service of the claim of lien as required by Florida Statute 713.08 . . .
. . . The claim of lien was recorded in accordance with § 713.08. . . .
. . . days after the final furnishing of the labor or services or materials by the lienor as the statute (§ 713.08 . . .
. . . 30, 1974, and thus was beyond the 90 day period allowed for the recording of such claim of lien by § 713.08 . . . Section 713.08 Fla.Stat., F.S.A. which lists eight matters that are to be stated in a claim of lien ( . . . lien upon the enforcibility of the lien, we there pointed out that in view of subsection (4) (a) of § 713.08 . . .
. . . The trial court held that appellant substantially complied with § 713.08, F.S. but that he was not in . . .
. . . . § 713.08(5), F.S.A. . F.S. § 713.08, F.S.A. . . . . F.S. § 713.08(2), F.S.A. . . . .
. . . Section 713.08(4) (b), F.S.A., expressly so provides. . . . To be efficacious F.S., Section 713.08(4)(b), F.S.A., authorizes an amended claim of lien to operate . . . As the majority has it, Section 713.22(2) supervenes Section 713.08(4) (b) and it will avail a lienor . . . Section 713.08(4) (b), F.S.A., for preparing and filing corrective claims of lien and amended suits thereon . . .
. . . .] ; and the timely filing of a claim of lien [provided for in § 713.08 Fla.Stat., F.S.A.]; with a copy . . . of a showing that the owner was adversely affected by the error, in view of subsection (4) (a) of § 713.08 . . . owner was adversely affected became a material issue in the case, in view of subsection (4) (a) of § 713.08 . . . In so holding we have not overlooked the fact that subparagraph (4) (a) of § 713.08 includes the clause . . .
. . . . § 713.08(5), F.S.1969, F.S.A. . § 713.08(4) (b), F.S.1969, F.S.A. . § 713.22(2), F.S.1969, F.S.A. . . . Although Section 713.08(4) (b) provides for the amendment of a claim of lien, we believe that such an . . .
. . . Sub-paragraph 5 of § 713.08 Fla.Stat., F.S.A., relating to claims of lien, provides: “The claim of lien . . .
. . . See § 713.08(3) and (4), Fla.Stat., F.S.A.; George J. Motz Construction Corp. v. . . .
. . . Chapter 713, Florida Statutes, F.S.A. known as the Mechanics’ Lien Law, requires pursuant to § 713.08 . . . Section (4) (a) of F.S. 713.08, F.S.A., states that any omission in the foregoing details or errors in . . . Section 713.08(4) (a), F.S.A., makes it clear that substantial compliance with the requirements as to . . . Motz was in substantial compliance with F.S. § 713.08, F.S.A., sufficient to assert a cause of action . . .
. . . Sec. 4366-9 GC (§713.08 R. . . . contains provisions identical with or similar to those to be found in §§4366-8, 4366-9 GC (§§713.07, 713.08 . . .