The 2024 Florida Statutes
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. . . which included an action to declare Farrey's claim of lien fraudulent and unenforceable under section 713.31 . . . the contract does not convert such a good faith dispute into a fraudulent lien as provided in section 713.31 . . . his or her claim with such willful and gross negligence as to amount to a willful exaggeration .... § 713.31 . . . of lien, or a good faith dispute as to the amount due does not constitute a willful exaggeration." § 713.31 . . .
. . . determined that Lubercy is entitled to prevailing party fees and punitive damages pursuant to section 713.31 . . . the trial court's determination that Lubercy is entitled to prevailing party fees pursuant to section 713.31 . . .
. . . . § 713.31.” . . . The homeowner sought an award of attorney’s fees and costs pursuant to section 713.31, Florida Statutes . . . He contends that where a party seeks attorney’s fees and costs as damages pursuant to section 713.31 . . . The contractor argues that section 713.31 (2)(c) allows an owner to recover attorney’s fees only if the . . . The homeowner’s argument relies on case law applying the pre-2007 version of section 713.31(2)(c). . . .
. . . filed suit, alleging the following three causes of action: (1) fraud based upon violations of section 713.31 . . .
. . . Also, Westra filed a counterclaim under section 713.31 (2)(c) for the alleged fraudulent lien against . . . Thus, under section 713.31(2), “[a] claim of lien that overstates the amount claimed is not necessarily . . . See § 713.31(2)(b) (“[A] minor mistake or error in a claim of lien ... does not constitute a willful . . . The question of whether Gator’s lien is fraudulent within the meaning of section 713.31 is an issue of . . . See § 713.31(2)(b); see also Politano, 9 So.3d at 16; Vinci, 509 So.2d at 1132. . . .
. . . hen in the official records pursuant to part I of chapter 713 is subject to the fraud provisions of § 713.31 . . .
. . . [and] that he was entitled to attorney’s fees as the prevailing party under Florida Statute § 713.31. . . . claim to be determined the prevailing party under the authority of Hollub ... and Florida Statute § 713.31 . . . it found that Castro’s position was “arguably supported” under the authority of Hollub and section 713.31 . . . Section 713.31(2)(c), Florida Statutes (2012) provides: An owner against whose interest in real property . . .
. . . Stat. § 713.31(2)(a). . . . Stat. § 713.31(2)(b). . . . Stat. § 713.31(2)(b). . . . Stat. § 713.31(2)(c); Sharrard, 892 So.2d at 1096. . . . Stat. § 713.31(2)(c). . . .
. . . its contract with Appellants, a finding that the lien filed by UBuildlt was fraudulent under section 713.31 . . . Section 713.31(2) provides, in relevant part: (a) Any lien asserted under this part in which the lienor . . . “If there is a minor mistake or a good faith dispute as to the amount owed ... the statute [section 713.31 . . . Section 713.31(2)(b) provides, instead, that neither a good faith dispute as to the amount owed nor a . . . Accordingly, the trial court misinterpreted section 713.31 when it determined that it could not address . . .
. . . . § 713.31(2)(a). . . . Ligon, 892 So.2d 1092, 1096 (Fla. 2d DCA 2004) (quoting § 713.31(2)(b)). Mrs. . . .
. . . Count II was directed against Custom Carpentry and sought punitive damages pursuant to section 713.31 . . . 2006 by Custom Carpentry, the trial court found that both liens were fraudulent as defined by section 713.31 . . .
. . . .” § 713.31(2)(b), Fla. Stat. . . .
. . . Paragraph 713.31(2)(a), Florida Statutes (2007), defines a fraudulent lien as one where “the lienor has . . .
. . . . §§ 713.31(2)(b) and 713.901(4), and demanding relief in the form of a declaratory judgment cancelling . . . Stat. § 713.31(2)(b) & (c). . . .
. . . . § 713.31, Fla. Stat. (2004). . § 713.29, Fla. Stat. (2004). . . . .
. . . Kifners filed a complaint against Landing Group, in which they brought an action “pursuant to Section [713.31 . . .
. . . With regard to the claim for fraudulent lien under section 713.31, Florida Statutes, there has in recent . . . Id. § 713.31(2)(b). We find no error in the rejection of the claim of fraudulent lien. . . . See § 713.31(2)(c), Fla. Stat. However, that counterclaim was unsuccessful. . . .
. . . See § 713.31(2)(a), Fla. Stat. (2001). We reverse. . . . In addition, the trial court misinterpreted section 713.31, Florida Statutes (2001), when it awarded . . . Section 713.31(2)(c) merely provides that the punitive damages cannot exceed that amount. . . .
. . . Analysis Section 713.31(2)(a) defines a “fraudulent lien” as: Any lien asserted under this part in which . . . Section 713.31(2) makes a fraudulent lien unenforceable and gives the owner a claim for compensatory . . . Pursuant to section 713.31(2)(a), a claim of lien that overstates the amount claimed is not fraudulent . . . The Contractor contends that pursuant to section 713.31(2)(b), his conduct was a minor mistake or error . . . The Relief Granted Pursuant to section 713.31(2)(b), the fraudulent nature of the Contractor’s amended . . .
. . . Fraudulent liens are governed by Section 713.31 Florida Statutes. . . . Fl.St. § 713.31(2)(a). . . .
. . . answered and counterclaimed, asserting that the construction lien was fraudulent within the meaning of § 713.31 . . . Fraudulent liens are governed by § 713.31, Florida Statutes, which provides in essence that a construction . . . See § 713.31(2)(b), Florida Statutes; Delta Painting, 710 So.2d at 664. . . .
. . . Whether this was willful exaggeration under section 713.31(2)(a) was an issue of fact. . . . matter of law to award them punitive damages after finding the lien to be fraudulent, relying on section 713.31 . . .
. . . and the insurance company’s counterclaim and affirmative defenses of fraudulent lien under Section 713.31 . . .
. . . In their counterclaim, the owners pled a claim for attorney’s fees under section 713.31, Florida Statutes . . . While the chairman could not recall whether the discussion involved section 713.29 or section 713.31, . . . Section 713.31 does not—and the owners withdrew their claim under section 713.31 during the arbitration . . .
. . . In any event, however, we do not agree that Santiago has waived her right under section 713.31, Fla. . . .
. . . Coastal Sheet Metal & Roofing, Inc., 569 So.2d 845 (Fla. 1st DCA 1990); § 713.31(2)(b), Fla. . . .
. . . See § 713.31, Fla. Stat. (1997). . . .
. . . negative ruling on their claim that the Purchaser’s statutory lien was fraudulent, as defined by section 713.31 . . . the Purchaser acted on good faith, thereby precluding the finding of a fraudulent lien, see section 713.31 . . . The Sellers were therefore entitled to a discharge of the lien and to damages as set forth in section 713.31 . . .
. . . against the Mámeles’ property and awarded the Mámeles $9,000 in punitive damages pursuant to section 713.31 . . .
. . . The claim of fraudulent hen in this case is governed by section 713.31, Florida Statutes (1991). . . . (codified at § 713.31(2)(b), Fla. Stat. (Supp.1990)). . . . Although not applicable to this case, in 1995 the Legislature amended section 713.31, Florida Statutes . . . (codified at § 713.31(3), Fla. Stat. (1995)). . . . more clearly indicates the intent of the legislature that a scienter requirement be part of section 713.31 . . . See § 713.31(2)(a), Fla. Stat. (1991); see also Skidmore, Owings and Merrill v. Volpe Constr. . . . See § 713.31(2)(b), Fla. Stat. (1991). . . . However, section 713.31(2)(b) was amended in 1991 to preclude the finding of a fraudulent hen based upon . . . See § 713.31(2)(c), Fla. Stat. (1991); see also Martin v. Jack Yanks Constr. . . .
. . . the amount ... or in which the lienor has willfully included a claim for work not performed .... ” § 713.31 . . .
. . . This court recently held that there could be no equitable hen pursuant to section 713.31, Fla.Stat., . . . Appellee sought to impose a lien pursuant to section 713.31, Fla.Stat., which provides in pertinent part . . .
. . . Section 713.31(2)(a) requires a willful exaggeration of the lien before a lien may be deemed fraudulent . . .
. . . the payment bond, and held that the subcontractors were entitled to equitable relief under section 713.31 . . . Wal-Mart argues on appeal that such equitable relief under section 713.31 requires evidence of actual . . . affirmative deception; the subcontractors argue to the contrary that equitable relief under section 713.31 . . . Section 713.31(1), Florida Statutes (1993), provides in pertinent part that a trial court may provide . . . Connell, 509 So.2d 1128, 1132 (Fla. 2d DCA), the court held that Florida Statute section 713.31, providing . . .
. . . Section 713.31, Florida Statutes (1993), protects the owner of the property by providing a remedy for . . . In pertinent part, section 713.31 reads as follows: (2) (a) Any lien asserted ... in which the lienor . . . forfeits his right to any hen on the property upon which he sought to impress such fraudulent hen.... § 713.31 . . . by the Florida Statutes for determining that a lien is fraudulent and, therefore, unenforceable. § 713.31 . . .
. . . the lien filed on her property by Yanks was invalid and awarded damages to Martin pursuant to section 713.31 . . . As section 713.31 clearly provides: (c) An owner against whose interest in real property a fraudulent . . . See § 713.31(2)(c), Fla.Stat. (1993). . . .
. . . . § 713.31, Fla.Stat. (1991). . § 553.84, Fla.Stat. (1991). . . . .
. . . The court awarded the punitive damages specifically pursuant to section 713.31, Florida Statutes, apparently . . . compiled his claim with such willful and gross negligence as to amount to a willful exaggeration. § 713.31 . . .
. . . Florida Statutes (1989), on the premise that he was not the prevailing party and (2) under section 713.31 . . .
. . . The Petition expressly alleged that Kecskes willfully violated Sections 713.31 and 713.03, Florida Statutes . . . Fairway sought and obtained compensatory damages under § 713.31, Florida Statutes (1989) which in pertinent . . . In sum, this Court is satisfied that the compensatory damages awarded under § 713.31 arose from willful . . . Fraudulent Lien, Damages And Other Relief” cited thrice to § 713 and to the punitive damages provision of § 713.31 . . .
. . . , and that the lien was willfully exaggerated, bringing into play the statutory remedies of section 713.31 . . .
. . . Section 713.31 permits “any ... appropriate legal or equitable remedies” in the case of fraud or collusion . . . We do not agree that fees were also authorized pursuant to section 713.31. . . .
. . . S. 713.31 (1989) and further found that Defendants Hays would be entitled to costs. . . .
. . . publication of certain photographs); 686.417(4) (violations of Farm Equipment Manufacturers and Dealers Act); 713.31 . . .
. . . Grace, 103 So.2d 658 (Fla. 2nd DCA 1958); 11 Fla.Jur.2d Continuances §§ 5, 43 (1979); § 713.31(2)(b), . . .
. . . (2) breach of a statute-tort, alleging that appellant’s lien was fraudulent as provided in section 713.31 . . .
. . . second count, sought damages from appellee for filing a fraudulent claim of lien pursuant to section 713.31 . . .
. . . Lake counterclaimed alleging that Dorsky had filed a fraudulent claim of lien as defined in section 713.31 . . . involving a breach of contract issue and does not support an award of punitive damages under section 713.31 . . .
. . . . § 713.31(2)(c) (1988) (fraudulent filing of mechanics’ lien); Wash. Rev. . . .
. . . The trial court further found that the lien was not willfully exaggerated in violation of section 713.31 . . .
. . . Section 713.31(2)(a), (b), Fla.Stat. (1981), states: (2)(a) Any lien asserted under this part I in which . . .
. . . Thomas, 284 So.2d 709 (Fla.lst DCA 1973); Sections 713.06(2)(a) and 713.31(2)(c) Florida Statutes (1981 . . . . § 713.31(2)(c), Fla.Stat. (1985). . . . Presbyterian Homes of the Synod of Fla., 440 So.2d 673 (Fla. 1st DCA 1983); § 713.31(2)(a), (b), Fla.Stat . . .
. . . on a theory of constructive fraud, and a claim for punitive damages under the provisions of section 713.31 . . . Contractor in an amount substantially less than his claim of lien, reluctantly concluded that section 713.31 . . . Therefore, under the terms of section 713.31(2)(b), the trial judge declared that the amount the jury . . . The trial judge also reluctantly concluded that section 713.31(2)(c) required an award to Owner of punitive . . . Section 713.31(2)(a) defines a fraudulent lien as covered therein in three ways. . . .
. . . Florida Statutes Section 713.31(2)(a) states as follows: Any lien asserted under this part I in which . . .
. . . Hoenstine, 417 So.2d 1137 (Fla. 5th DCA 1982); Sections 713.18 and 713.31(1), Florida Statutes (1981) . . .
. . . which such lien is claimed” so as to make their liens fraudulent and thus unenforceable under Section 713.31 . . . Section 713.31(2), Florida Statutes (1981), provides in pertinent part: "(a) Any lien asserted under . . .
. . . amounting to a willful exaggeration, and therefore a fraudulent lien within the meaning of Section 713.31 . . . Section 713.31(2)(a), Florida Statutes (1981), provides that any mechanic’s lien in which the lienor . . . Section 713.31(2)(b), Fla.Stat. (1981). . . .
. . . ’s lien was premature and therefore should be considered fraudulent and invalid pursuant to Section 713.31 . . .
. . . The. trial court denied the claim based upon the provisions of Section 713.31(2), Florida Statutes (1973 . . .
. . . A jury trial of Appel-lee’s Counterclaim under section 713.31, Florida Statutes (1977), resulted in a . . . Section 713.31(2)(c), Florida Statutes (1977), provides that a punitive damage award shall not exceed . . . COBB, J., and MILLER, ROBERT P., Associate Judge, concur. . § 713.31(2)(c), Fla.Stat. (1977). . . .
. . . affirmative defense that the lien sought to be foreclosed by appellant was fraudulent, as defined in Section 713.31 . . .
. . . canceling his recorded mechanics lien under § 713.21(4), F.S.1973, declaring it fraudulent under § 713.31 . . . complaint in the circuit court for discharge of the lien and for damages and other relief accorded by § 713.31 . . .
. . . Appellant contends that the lien involved herein is a fraudulent lien as provided in § 713.31(2) (b), . . .
. . . proceedings below, the judgment appealed herein is affirmed upon the authority of Florida Statutes, § 713.31 . . .
. . . Appellant counterclaimed, under § 713.31, Fla.Stat.1969, F.S.A., alleging that the ap-pellee had filed . . . The lower court did not err in dismissing the counterclaim brought under § 713.31, Fla.Stat.1969, F.S.A . . .
. . . instead of $3 each, as determined by the Board, the decision fixing a deficiency in the amount of $713.31 . . .