The 2024 Florida Statutes
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. . . instituted independently of any other action, or in connection with a summons to show cause under s. 713.21 . . .
. . . lien should not be enforced by action or vacated and/or can-celled pursuant to Florida Statute Section 713.21 . . . Contractor then transferred CID’s lien to cash security pursuant to Florida Statute Section 713.21(2014 . . . As required by Florida Statute Section 713.21, within one year of Contractor transferring the construction . . .
. . . instituted independently of any other action, or in connection with a summons to show cause under s. 713.21 . . .
. . . instituted independently of any other action, or in connection with a summons to show cause under s. 713.21 . . .
. . . So.2d 1069, 1071 (Fla. 4th DCA 2002) (“In a special statutory proceeding, such as one under section 713.21 . . .
. . . filed a four-count complaint against Franklin alleging (1) a show cause action pursuant to section 713.21 . . .
. . . See §§ 713.08, 713.21, Fla. Stat. (2009).” See also, McDaniel v. . . .
. . . arbitrate filed in response to a complaint to discharge the lien did not meet the requirement of section 713.21 . . .
. . . . § 713.21 and operates in accordance with the Articles of Cooperation and Bylaws adopted by the Commission . . . Ohio Rev.Code Ann. § 713.21(C) provides that the Commission may establish committees with the powers . . . Code Ann. § 713.21(C) or with the Articles of Cooperation and Bylaws. . . . See Ohio Rev.Code Ann. § 713.21(C) (“All actions of ... committees shall be reported in writing to the . . . Ann. § 713.21(C). . Blazy disputes the applicability of Ramsey. . . .
. . . See §§ 713.08, 713.21, Fla. Stat. (2009); Mills v. Robert W. . . .
. . . Respondent failed to timely assert its rights after it was served with a summons pursuant to section 713.21 . . . against Petitioner’s property, Petitioner invoked the special statutory procedure authorized by section 713.21 . . . 20 days why his or her lien should not be enforced by action or vacated and canceled of record.” § 713.21 . . .
. . . that Designerick’s answer and counterclaims failed to strictly comply with the requirements of section 713.21 . . . stating that it had properly filed its counterclaims within the twenty days, as required by section 713.21 . . . within twenty days or that cause be shown within that period why enforcement should not be commenced. § 713.21 . . . twenty-day limit in which to assert by counterclaim or otherwise a foreclosure of the lien under section 713.21 . . . Section 713.21, states, in pertinent part: A lien properly perfected under this chapter may be discharged . . .
. . . which was served on the contractor, along with an order to show cause issued by the clerk under section 713.21 . . . The twenty day period provided in section 713.21(4) does not allow for exceptions, such as extensions . . .
. . . Appellee’s motion for reconsideration and failing to vacate Appellee’s mechanic’s lien pursuant to section 713.21 . . . Appellants then filed a petition for order to show cause pursuant to section 713.21(4), Florida Statutes . . . Section 713.21, Florida Statutes (2006), states: Discharge of lien. . . . When a property owner invokes section 713.21(4), a lienor must strictly comply with section 713.21(4) . . . Because Appellants invoked section 713.21(4) and the court issued its show cause order on November 8, . . .
. . . claim of lien should not be enforced by action or vacated and canceled of record, pursuant to section 713.21 . . .
. . . We hold that the 20-day provision in section 713.21(4), Florida Statutes (2003), does not begin to run . . .
. . . The “language of [section 713.21(4) ] requires that an action for enforcement be filed within 20 days . . . A “ ‘lienor may commence an action to enforce his lien under 713.21(4), by filing a lien foreclosure . . . There, a lienor filed a motion for enlargement of time to respond to a section 713.21(4) complaint on . . . The court wrote that: [Section 713.21(4)] requires “that an action for enforcement be filed within 20 . . . In a special statutory proceeding, such as one under section 713.21(4), the trial court does not have . . .
. . . Commencement, and the Final Judgment of Foreclosure was entered, the hen has been discharged pursuant to § 713.21 . . . The question is, however, whether the discharge provisions of § 713.21(5) apply to a Final Judgment entered . . .
. . . JPI filed a complaint to discharge the lien under subsection 713.21(4), Florida Statutes (1999). . . . lawsuit, JPI seeks only to remove a cloud against title to the Property as contemplated by Section 713.21 . . . Until Zager filed its answer and counterclaim under subsection 713.21(4), it could not be known whether . . . 794 (Fla. 3d DCA 1996), as having not involved the mechanism for discharge of lien under subsection 713.21 . . .
. . . that is addressed on this appeal is count III, an “Action for Order to Show Cause” pursuant to section 713.21 . . .
. . . Based on Florida Statutes § 713.21(5), the Court found that the lienholder’s interest was extinguished . . . Section 713.21 provides in relevant part: A lien properly perfected under this chapter [a mechanics’ . . . The mechanics’ lien statute, § 713.21, does not discharge mechanics’ liens or other junior interests . . . Rather, § 713.21(5) discharges mechanics’ liens at the entry of a judgment related to the subject matter . . . Additionally, no Florida court has applied § 713.21(5) to a junior mortgagee situation. . . .
. . . instituted independently of any other action, or in connection with a summons to show cause under s. 713.21 . . .
. . . The Watsons filed a complaint against MFI requesting relief pursuant to section 713.21(4), Florida Statutes . . .
. . . Fla.Stat. ch. 713.21(5) (1995). . . .
. . . . § 713.21(4), Fla.Stat. (1993); see Holding Elec., Inc. v. . . .
. . . the trial court’s legal conclusion that the Hanleys’ commencement of an action pursuant to section 713.21 . . .
. . . instituted independently of any other action, or in connection with a summons to show cause under s. 713.21 . . .
. . . The complaint asserted a count requesting that the lien be discharged pursuant to section 713.21(4), . . . Section 713.21, Florida Statutes (1993), provides the means by which a properly perfected lien may be . . .
. . . subsequently filed its Motion to Discharge the lien in Circuit Court, pursuant to the provisions of Section 713.21 . . .
. . . Notwithstanding these stipulations, however, the court finds that Debtor’s payment to defendant of $25,-713.21 . . .
. . . See § 713.21(4), Fla.Stat. (1991). . . .
. . . law certiora-ri challenges the entry of an order which abated an action brought pursuant to section 713.21 . . . Matrix Construction Co., et al., as plaintiffs, filed a complaint in the trial court pursuant to section 713.21 . . . Section 713.21 provides that a lien properly perfected under the lien chapter may be discharged (4) By . . . Thus, the time element of section 713.21 is one established by the legislature and recognized by the . . . twenty-day limit in which to assert by counterclaim or otherwise a foreclosure of the lien under section 713.21 . . .
. . . The relevant portions of section 713.21, Florida Statutes (1989), provides: 713.21. . . . The language of section 713.21(4), quoted above, is mandatory. . . . Further, there is no provision under section 713.21 or otherwise for the court to entertain a motion . . .
. . . canceling appellant’s claim of lien because of appellant’s failure to comply with the provisions of section 713.21 . . . appellant’s claim that the transfer of the lien to a money bond precluded the application of section 713.21 . . . While I agree with the majority that the provisions of section 713.21(4) apply regardless of the transfer . . . where the circumstances involved both a transfer of the lien to bond before service of the section 713.21 . . .
. . . Section 713.21(3), Florida Statutes (1985); Diversified Mortgage Investors v. . . . For further clarification, on this issue, see the statutory history of sections 713.21 and 713.22, Florida . . .
. . . On March 24, 1983, Mainlands filed suit seeking to discharge the mechanic’s lien pursuant to section 713.21 . . . amended counterclaim on the ground that Wen-Dic was barred from foreclosing the lien under section 713.21 . . . Under section 713.21(4), after a complaint for discharge of a mechanic’s lien has been filed, the lienor . . . seeking to foreclose the lien was a proper means of avoiding a cancellation of the lien under section 713.21 . . . . 4th DCA 1978), the court stated that “[a] lienor may commence an action to enforce his lien under 713.21 . . .
. . . appellee filed suit against appellant seeking discharge of the mechanic’s lien pursuant to section 713.21 . . . Under section 713.21(4), after a complaint for discharge of a mechanic’s lien has been filed, the lienor . . . did not respond to the complaint to discharge the lien within the twenty-day requirement of section 713.21 . . . to foreclose the mechanic’s lien is a proper means to avoid cancellation of the lien under section 713.21 . . . Accordingly, the amendment related back to the timely original counterclaim so that 713.21(4) does not . . .
. . . . §§ 713.21, 713.22(1), Fla.Stat. (1983); Hughey v. . . . (1961), but these two sections were substantially the same as our current Florida Statute Sections 713.21 . . .
. . . . § 1613.212 et seq., not FPM 713.21. . . .
. . . mandamus to compel the trial court to discharge certain mechanics’ liens under the provisions of Section 713.21 . . . that: It has been further argued, and memo-randa submitted, based upon the Court’s query, that Section 713.21 . . . It would be an anomaly to interpret Section 713.21(4), Florida Statutes (1979), as exactly equivalent . . .
. . . be instituted independently of other action, or in connection with a summons to show cause under § 713.21 . . .
. . . Here the injunction requiring removal of the claims of lien was unnecessary in view of Section 713.21 . . .
. . . In Case No. 76-493, Appellants filed a complaint to discharge four liens pursuant to Section 713.21(4 . . . Section 713.21(4), Florida Statutes (1975). . . . In a proceeding under § 713.21(4), the owner files a complaint for discharge and a summons is issued . . . (4), by filing a lien foreclosure action as a counterclaim to the owner’s § 713.21(4) complaint. . . . Both of these lienors timely answered Appellants’ § 713.21(4) complaint to discharge. . . .
. . . relates back to the filing of the earlier cross-claim so as to satisfy the time requirement of Sections 713.21 . . . Section 713.21, Florida Statutes (1975), provides: A lien properly perfected under this chapter may be . . .
. . . properly commenced an action for the enforcement of same, in accordance with the requirements of §§ 713.21 . . . Sections 713.21 and 713.22 (1971), Florida Statutes, provide that a mechanic’s lien must be enforced . . . Section 713.21, Florida Statutes (1971) provides that a lien properly perfected under Chapter 713 “may . . .
. . . . § 713.21(3). . . . vacating and cancelling the claim of lien could be obtained from the Circuit Court as provided by § 713.21 . . .
. . . By default a judgment was entered against Scott canceling his recorded mechanics lien under § 713.21( . . . Sec. 713.21(4) provides in part: “Upon filing a complaint . . . . . . Assuming without deciding that trial courts have power to set aside defaults in § 713.21(4) proceedings . . . either that the lien should not have been enforced by action before June 3 or forthwith cancelled [§ 713.21 . . .
. . . who are owners of the property) filed a complaint against appellees under Subsection (4) of Section 713.21 . . .
. . . . § 713.21(3), F.S.A. . F.S. § 713.21(4), F.S.A. . F.S. § 713.22, F.S.A. . . . .
. . . Repetitively, F.S.A. 713.21(4), F.S.A., provides the means whereby perfected liens may be discharged. . . . 160 Fla. 537, 35 So.2d 646, an interested party brought an action under the predecessor of Section 713.21 . . . discharged, Fla. 1965, 178 So.2d 702, was a suit filed under Section 84.23(4), F.S.1963 (predecessor of 713.21 . . . C., Associate Judge, concur. . “713.21 Discharge of lien. — A lien properly perfected under this chapter . . .
. . . Section 713.21(4), F.S.1969, F.S.A., provides that any interested party may file a complaint in the circuit . . . adjudicated. (2) An owner cannot be heard to complain, if he doesn’t file such a complaint under § 713.21 . . . in this manner does not inure to such owner before 151 days. (3) Notwithstanding the provisions of § 713.21 . . .
. . . petitions and in preparing the order appointing trustees, and $4,000 for services thereafter, plus $713.21 . . . The court will, therefore, allow them a fee of $3,500, plus expenses in the amount of $713.21. H. . . .
. . . the Commissioner resulting in a net deficiency in income tax for the years 1919, 1920, and 1921, of $713.21 . . . years 1920 and 1921 of $855.77 and $543.80, respectively, or a net deficiency for the three years of $713.21 . . .