Florida Statute 713.28 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.28

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.

History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 815, ch. 97-102.

Note.—Former s. 84.281.

F.S. 713.28 on Google Scholar

F.S. 713.28 on Casetext

Amendments to 713.28

Arrestable Offenses / Crimes under Fla. Stat. 713.28

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.28.

Annotations, Discussions, Cases:

Cases Citing Statute 713.28

Total Results: 9

Peter Marocco v. Russell Brabec, Rose Marie Brabec, and Design & More, Inc., a Florida corporation

Court: District Court of Appeal of Florida | Date Filed: 2019-04-05

Snippet: (3) the trial court erred in relying on section 713.28, Florida Statutes, to strike the lost wages award;

Stock Building Supply of Florida, Inc. v. Soares Da Costa Construction Services, LLC

Court: District Court of Appeal of Florida | Date Filed: 2011-10-05

Citation: 76 So. 3d 313, 2011 Fla. App. LEXIS 15728, 2011 WL 4578320

Snippet: instant case, the Project did not have a section 713.28 payment bond when it began in August 2005. A statutory

Decktight Roofing Services, Inc. v. Amwest Surety Insurance

Court: District Court of Appeal of Florida | Date Filed: 2003-04-09

Citation: 841 So. 2d 667, 2003 Fla. App. LEXIS 4800

Snippet: bond claim brought under Florida Statutes Section 713.28 by Decktight, a roofing subcontractor, against

St. Regis Paper Co. v. Quality Pipeline

Court: District Court of Appeal of Florida | Date Filed: 1985-04-24

Citation: 469 So. 2d 820

Snippet: judgment against any person liable for the debt. 713.28(3), Fla. Stat. (1983). See C.A. Davis, Inc. v.

Banner Supply Co. v. Eve Seaview, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1982-11-02

Citation: 436 So. 2d 131, 1982 Fla. App. LEXIS 22863

Snippet: Messeroff, 145 So.2d 238 (Fla. 3d DCA 1962); Sec. 713.28, Fla.Stat. (1981). The cause is therefore remanded

CA Davis, Inc. v. Yell-For-Pennell, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1973-03-06

Citation: 274 So. 2d 267

Snippet: for by § 713.28 Fla. Stat., F.S.A. In so concluding the trial court was in error. Section 713.28 does not

Logan Construction Co. v. Warren Bros. Construction Co.

Court: Supreme Court of Florida | Date Filed: 1972-10-25

Citation: 268 So. 2d 369, 1972 Fla. LEXIS 3269

Snippet: ” Meadows also cited mechanics’ lien statute § 713.28, F.S.A., (then § 84.29) for personal and deficiency

M & M Investments, Inc. v. Bethlehem Steel Corp.

Court: District Court of Appeal of Florida | Date Filed: 1971-06-25

Citation: 250 So. 2d 324, 1971 Fla. App. LEXIS 6277

Snippet: pled. Section 84.281(1), F.S.1963 (now F.S.1969 § 713.28(1), F.S. A.) provided: “If a lienor shall fail

Emery v. International Glass & Mfg., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1971-06-16

Citation: 249 So. 2d 496

Snippet: proceed to judgment on a contract pursuant to Section 713.28, Florida Statutes, 1969, F.S.A." Whereupon, allowing