Another Case of Interest from Paul Minoff, Esq.
Just over a week ago, the Florida Fifth District Court of Appeal clarified the law in that jurisdiction on mechanic's liens under Chapter 713, ruling, among other things, that a claim of lien can be found to have been fraudulently made even when the lienor believed in good faith that the lien was properly based upon lienable work, materials, etc.
In this case, the court reversed final judgment in favor of the contractor and remanded the case back to the trial court to determine whether the lien was fraudulent despite the proclaimed good faith belief of the lienors.
This opinion definitely stresses the importance of not only making sure that the appropriate bases exist to file a claim of lien, but in fully analyzing the bases of the lien and the amount claimed therein when defending such claims.
Here is a link to the Case