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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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 CourtListener

Amendments to 713.28

Annotations, Discussions, Cases:

Cases Citing Statute 713.28

Total Results: 7

Emery v. International Glass & Mfg., Inc.

249 So. 2d 496

District Court of Appeal of Florida | Filed: Jun 16, 1971 | Docket: 1724932

Cited 28 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2359588

Cited 2 times | Published

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

District Court of Appeal of Florida | Filed: Mar 6, 1973 | Docket: 1261083

Cited 2 times | Published

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

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

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14882789

Published

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

Decktight Roofing Services, Inc. v. Amwest Surety Insurance

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

District Court of Appeal of Florida | Filed: Apr 9, 2003 | Docket: 64821797

Published

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

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

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

Supreme Court of Florida | Filed: Oct 25, 1972 | Docket: 64528405

Published

” 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.

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

District Court of Appeal of Florida | Filed: Jun 25, 1971 | Docket: 64521328

Published

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