Florida Statutes
Fla. Stat. § 713.28 (2025)
Judgments in case of failure to establish liens; personal and deficiency judgments or decrees.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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713.28 Judgments in case of failure to establish liens; personal and deficiency judgments or decrees.—
(1) If a lienor shall fail, for any reason, to establish a lien for the full amount found to be due him or her in an action to enforce the same under the provisions of this part, he or she may, in addition to the lien decreed in his or her favor, recover a judgment or decree in such action against any party liable therefor for such sums in excess of the lien as are due him or her or which the lienor might recover in an action on a contract against any party to the action from whom such sums are due him or her.
(2) In any action heretofore or hereafter brought a court may, either before or after the final adjudication, award a summary money judgment or decree in favor of any party. This shall not preclude the rendition of other judgments or decrees in the action.
(3) If, upon the sale of the real property under any judgment or decree there is a deficiency of proceeds to pay the amount of such judgment or decree, the judgment or decree may be enforced for the deficiency against any person liable therefor in the same manner and under the same conditions as deficiency decrees in mortgage foreclosures. Any payment made on account of any judgment or decree in favor of a party shall be credited on any other judgment or decree rendered in favor of that party in the same action.
Note.—Former s. 84.281.
Notes of Decisions
Cited in 7
cases, 1971–2019 · leading case: Emery v. Int'l Glass & Mfg., Inc., 249 So. 2d 496 (Fla. 2d DCA 1971).
Emery v. Int'l Glass & Mfg., Inc., 249 So. 2d 496 (Fla. 2d DCA 1971). “After final hearing the trial judge specifically found that "the plaintiff failed to establish a lien upon defendant's property, but that the plaintiff may proceed to judgment on a contract pursuant to Section 713.28, Florida Statutes, 1969, F.”
Stock Bldg. Supply of Florida, Inc. v. Soares Da Costa Constr. Servs., LLC, 76 So. 3d 313 (Fla. 3d DCA 2011). “In the instant case, the Project did not have a section 713.28 payment bond when it began in August 2005.”
CA Davis, Inc. v. Yell-For-Pennell, Inc., 274 So. 2d 267 (Fla. 3d DCA 1973). “Notwithstanding the matter of breach of contract or damages therefor was not within the pleadings, the trial court proceeded on the theory that allowance of such damages was authorized or provided for by § 713.28 Fla. Stat., F.S.A. In so concluding the trial court was in error.”
Peter Marocco v. Russell Brabec, Rose Marie Brabec, & Design & More, Inc., a Florida Corp. (Fla. 1st DCA 2019). “Analysis Marocco raises seven issues on appeal: (1) the trial court erred in sua sponte raising the sword and shield doctrine and striking the jury award for lost wages; (2) the trial court erred in striking the jury award for lost wages based on a lack of proximate cause; (3)…”
Logan Constr. Co. v. Warren Bros. Constr. Co., 268 So. 2d 369 (Fla. 1972). “” Meadows also cited mechanics’ lien statute § 713.28, F.S.A., (then § 84.29) for personal and deficiency judgments: “If a lienor shall fail, for any reason, to establish a lien for the full amount found to be due him.”
Decktight Roofing Servs., Inc. v. Amwest Sur. Ins., 841 So. 2d 667 (Fla. 4th DCA 2003). “This petition arises from a statutory bond claim brought under Florida Statutes Section 713.28 by Decktight, a roofing subcontractor, against Amwest Surety Insurance (“Amwest”) in connection with construction of a motel in Marathon, Florida.”
M & M Investments, Inc. v. Bethlehem Steel Corp., 250 So. 2d 324 (Fla. 4th DCA 1971). “1969 § 713.28(1), F.S. A.) provided: “If a lienor shall fail, for any reason, to establish a lien for the full amount found to be due him in an action to enforce the same under the provisions of part I of this chapter, he may, in addition to the lien decreed in his favor,…”
— 713.28(1) — 1 case
M & M Investments, Inc. v. Bethlehem Steel Corp., 250 So. 2d 324 (Fla. 4th DCA 1971). “1969 § 713.28(1), F.S. A.) provided: “If a lienor shall fail, for any reason, to establish a lien for the full amount found to be due him in an action to enforce the same under the provisions of part I of this chapter, he may, in addition to the lien decreed in his favor,…”
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