Florida Statute 713.28 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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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.

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 CourtListener

Amendments to 713.28

Annotations, Discussions, Cases:

Cases Citing Statute 713.28

Total Results: 7 | Sort by: Relevance | Newest First

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Emery v. Int'l Glass & Mfg., Inc., 249 So. 2d 496 (Fla. 2d DCA 1971).

Cited 28 times | Published | Florida 2nd District Court of Appeal

...Owners-appellants counterclaimed alleging a breach of the warranty of workmanship. 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.S.A." Whereupon, allowing for a setoff under the counterclaim, judgment was entered in favor of plaintiffs in the sum of $1,382.00, together with costs which did not include attorneys' fees, and defendants appeal. Two points are raised on appeal: first, whether the circuit court had authority to enter a judgment for money damages, pursuant to Section 713.28, supra, after it had theretofore determined as a matter of law that plaintiff had failed to establish any lien; and secondly, whether the trial court erred in failing to award attorneys' fees to appellants (being the prevailing parties...

...We agree with appellants' argument on the first point that the trial judge, having first found that the plaintiff had failed to establish a mechanics' lien in any amount, was without authority to enter a money judgment for the full amount found due under the provisions of the aforesaid Section 713.28, supra....

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Stock Bldg. Supply of Florida, Inc. v. Soares Da Costa Constr. Servs., LLC, 76 So. 3d 313 (Fla. 3d DCA 2011).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 15728, 2011 WL 4578320

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

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CA Davis, Inc. v. Yell-For-Pennell, Inc., 274 So. 2d 267 (Fla. 3d DCA 1973).

Cited 2 times | Published | Florida 3rd District Court of Appeal

...due to the plaintiff for materials and labor. 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. Section 713.28 does not make provision for granting a money judgment other than for an amount due to a lien claimant for which he would be entitled to a lien under the Mechanics' Lien Law....

...on for which he establishes a valid lien. An action for breach of contract is not a claim for or upon which a lien could be established and enforced under the Mechanics' Lien Law, and therefore, it would appear does not come within the provisions of § 713.28 Fla....

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Logan Constr. Co. v. Warren Bros. Constr. Co., 268 So. 2d 369 (Fla. 1972).

Published | Supreme Court of Florida | 1972 Fla. LEXIS 3269

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

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M & M Investments, Inc. v. Bethlehem Steel Corp., 250 So. 2d 324 (Fla. Dist. Ct. App. 1971).

Published | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6277

...This appeal by M & M is from the final judgment. The basic question presented by this appeal is whether or not the trial court was authorized under the cross-claim to award purely legal relief when a purely equitable claim was pled. Section 84.281(1), F.S.1963 (now F.S.1969 § 713.28(1), F.S....

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Decktight Roofing Servs., Inc. v. Amwest Sur. Ins., 841 So. 2d 667 (Fla. 4th DCA 2003).

Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 4800

...Order and Motion for Partial Final Judgment. We find no basis for certiorari review and dismiss the petition. Similarly, we also deny the petition for writ of mandamus. 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....

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Peter Marocco v. Russell Brabec, Rose Marie Brabec, & Design & More, Inc., a Florida Corp. (Fla. Dist. Ct. App. 2019).

Published | District Court of Appeal of Florida

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.