Who to join when lien boded off under 713.24
Good Morning,
I am involved in a construction lien case, where is the owner has bonded off
the lien under 713.24 by depositing the funds in the court registry. I know
I need to amend to join in the surety, however, in this case there is no a
separate surety as the owner deposited the funds with the clerk pursuant to
713.24 (1)(a). Do I join the Clerk of Court?
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
mailto:lauriesams@comcast.net lauriesams@comcast.net
http://www.vwslaw.com www.vwslaw.com
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until
further notice, our firm will be operating remotely. We are working hard to
serve each of you; however, you may experience some delay in our response as
we adjust schedules to accommodate state and local guidelines. Our primary
communication will be via email. If you require voice communication, you are
encouraged to call the office and leave a voice mail at extension 366. I
will do our best to return phone calls. I will continue to process and close
files as required and/or permitted. For clients that have upcoming real
estate closings, signing dates and times will be scheduled with the Closer
and will be facilitated in office or via mail away. We wish everyone good
health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client
communication or may otherwise be privileged or confidential. If it is not
clear that you are the intended recipient, you are hereby notified that you
have received this transmittal in error. In that case, any review,
dissemination, distribution or copying of this transmittal is strictly
prohibited. If you suspect that you have received this communication in
error, please notify us immediately by telephone (941) 923-1685, or e-mail
at mailto:lauriesams@comcast.net lauriesams@comcast.net and immediately
delete this message and all of its attachments.
Assuming you already sued the property owner to foreclose the lien (before bonding) and that the same owner entity is the principal on the cash bond, then you don't need to add a new party. You just need to amend your Complaint to reflect that the relief requested is no longer the foreclosure of a lien on real property but a foreclosure against the bond proceeds deposited with the Clerk as substitute security for Plaintiff's lien claim. You still have to prove up the lien elements but at the end of the day your final judgment is not for the sale of real property to satisfy the lien but a direction to the Clerk to release to the Plaintiff the judgment amount from the funds held by Clerk as substitute security for the lien.
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttp://lowndes-law.com | Bio<lowndes-law.com/people/Michael-Gibbons> | VCardhttps://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64
[cid:image001.png@01D69C9F.34A77090]
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 10:02 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Who to join when lien boded off under 713.24
CAUTION: THIS IS AN EXTERNAL EMAIL
Good Morning,
I am involved in a construction lien case, where is the owner has bonded off the lien under 713.24 by depositing the funds in the court registry. I know I need to amend to join in the surety, however, in this case there is no a separate surety as the owner deposited the funds with the clerk pursuant to 713.24 (1)(a). Do I join the Clerk of Court?
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
lauriesams@comcast.netmailto:lauriesams@comcast.net
www.vwslaw.comhttps://protect-us.mimecast.com/s/I8mtCG6QR2h1BLEZTKusfP
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communication will be via email. If you require voice communication, you are encouraged to call the office and leave a voice mail at extension 366. I will do our best to return phone calls. I will continue to process and close files as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the Closer and will be facilitated in office or via mail away. We wish everyone good health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone (941) 923-1685, or e-mail at lauriesams@comcast.netmailto:lauriesams@comcast.net and immediately delete this message and all of its attachments.
You should also consider filing a motion pursuant to s. 713.24(3) for an order to increase the cash security to cover your attorney’s fees, as the statutory formula only requires $1,000 or 25% of the amount demanded for attorney’s fees and costs. So if you’re suing on a $100k lien, that’s only $25,000.
Reese J. Henderson, Jr.
Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
www.gray-robinson.comhttp://www.gray-robinson.com [Telephone] tel:904-598-9929 904-598-9929
[Direct]tel:904-632-8459904-632-8459
[Fax]tel:904-598-9109904-598-9109
[Mail To]mailto:Reese.Henderson@gray-robinson.com[Bio]https://www.gray-robinson.com/attorneys-professionals/reese-j-henderson-jr[GR Twitter]https://twitter.com/grayrobinsonlaw[GR Facebook]https://www.facebook.com/GrayRobinsonLaw[GR LinkedIn]https://www.linkedin.com/company/grayrobinson-p-a-
GrayRobinson, P.A. ▪ 50 North Laura Street, Suite 1100, Jacksonville, Florida 32202
[https://www.gray-robinson.com/uploads/space.png]
[GrayRobinson Logo]http://www.gray-robinson.com
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 11:44 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
This message originated outside of GrayRobinson.
Assuming you already sued the property owner to foreclose the lien (before bonding) and that the same owner entity is the principal on the cash bond, then you don’t need to add a new party. You just need to amend your Complaint to reflect that the relief requested is no longer the foreclosure of a lien on real property but a foreclosure against the bond proceeds deposited with the Clerk as substitute security for Plaintiff’s lien claim. You still have to prove up the lien elements but at the end of the day your final judgment is not for the sale of real property to satisfy the lien but a direction to the Clerk to release to the Plaintiff the judgment amount from the funds held by Clerk as substitute security for the lien.
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttp://lowndes-law.com | Biohttp://lowndes-law.com/people/Michael-Gibbons | VCardhttps://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64
[cid:image001.png@01D69CA5.8D115AB0]
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 10:02 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Who to join when lien boded off under 713.24
CAUTION: THIS IS AN EXTERNAL EMAIL
Good Morning,
I am involved in a construction lien case, where is the owner has bonded off the lien under 713.24 by depositing the funds in the court registry. I know I need to amend to join in the surety, however, in this case there is no a separate surety as the owner deposited the funds with the clerk pursuant to 713.24 (1)(a). Do I join the Clerk of Court?
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
lauriesams@comcast.netmailto:lauriesams@comcast.net
www.vwslaw.comhttps://protect-us.mimecast.com/s/I8mtCG6QR2h1BLEZTKusfP
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communication will be via email. If you require voice communication, you are encouraged to call the office and leave a voice mail at extension 366. I will do our best to return phone calls. I will continue to process and close files as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the Closer and will be facilitated in office or via mail away. We wish everyone good health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone (941) 923-1685, or e-mail at lauriesams@comcast.netmailto:lauriesams@comcast.net and immediately delete this message and all of its attachments.
If I’m not mistaken, I think you can only move to increase the deposit for fees you actually already incurred, not fees you anticipate incurring in the future.
Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
954.985.4147
954.985.4176
lweintraub@beckerlawyers.com
www.beckerlawyers.com
Connect with me on LinkedIn
Follow me on Twitter
Follow Becker on...
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 12:32 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
[EXTERNAL EMAIL]
You should also consider filing a motion pursuant to s. 713.24(3) for an order to increase the cash security to cover your attorney’s fees, as the statutory formula only requires $1,000 or 25% of the amount demanded for attorney’s fees and costs. So if you’re suing on a $100k lien, that’s only $25,000.
Reese J. Henderson, Jr.
Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
www.gray-robinson.comhttp://www.gray-robinson.com
[Telephone]tel:904-598-9929904-598-9929
[Direct]tel:904-632-8459904-632-8459
[Fax]tel:904-598-9109904-598-9109
[Mail To]mailto:Reese.Henderson@gray-robinson.com[Bio]https://www.gray-robinson.com/attorneys-professionals/reese-j-henderson-jr[GR Twitter]https://twitter.com/grayrobinsonlaw[GR Facebook]https://www.facebook.com/GrayRobinsonLaw[GR LinkedIn]https://www.linkedin.com/company/grayrobinson-p-a-
GrayRobinson, P.A. ▪ 50 North Laura Street, Suite 1100, Jacksonville, Florida 32202
[https://www.gray-robinson.com/uploads/space.png]
[GrayRobinson Logo]http://www.gray-robinson.com
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 11:44 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
This message originated outside of GrayRobinson.
Assuming you already sued the property owner to foreclose the lien (before bonding) and that the same owner entity is the principal on the cash bond, then you don’t need to add a new party. You just need to amend your Complaint to reflect that the relief requested is no longer the foreclosure of a lien on real property but a foreclosure against the bond proceeds deposited with the Clerk as substitute security for Plaintiff’s lien claim. You still have to prove up the lien elements but at the end of the day your final judgment is not for the sale of real property to satisfy the lien but a direction to the Clerk to release to the Plaintiff the judgment amount from the funds held by Clerk as substitute security for the lien.
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttp://lowndes-law.com | Biohttp://lowndes-law.com/people/Michael-Gibbons | VCardhttps://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64
[cid:image001.png@01D69CA6.53220150]
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 10:02 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Who to join when lien boded off under 713.24
CAUTION: THIS IS AN EXTERNAL EMAIL
Good Morning,
I am involved in a construction lien case, where is the owner has bonded off the lien under 713.24 by depositing the funds in the court registry. I know I need to amend to join in the surety, however, in this case there is no a separate surety as the owner deposited the funds with the clerk pursuant to 713.24 (1)(a). Do I join the Clerk of Court?
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
lauriesams@comcast.netmailto:lauriesams@comcast.net
www.vwslaw.comhttps://protect-us.mimecast.com/s/I8mtCG6QR2h1BLEZTKusfP
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communication will be via email. If you require voice communication, you are encouraged to call the office and leave a voice mail at extension 366. I will do our best to return phone calls. I will continue to process and close files as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the Closer and will be facilitated in office or via mail away. We wish everyone good health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone (941) 923-1685, or e-mail at lauriesams@comcast.netmailto:lauriesams@comcast.net and immediately delete this message and all of its attachments.
You may want to consider a Motion To Increase the bond if you will believe
the case will be heavily litigated.
Steven F. Thompson, Esq.
Thompson Commercial Law Group
615 W. DeLeon Street
Tampa, Fl. 33606
813-387-1821
Fax 813-387-1824
THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL
AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED
RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE NOTIFY OUR OFFICE BY TELEPHONE
AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR;
AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT
BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE
SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER
DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS
WITHOUT THE EXPRESS CONSENT OF THOMPSON COMMERCIAL LAW GROUP.
THANK YOU.
From: clc-discussion-bounces@lists.flabarrpptl.org
clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL
CLC-Discussion
Sent: Wednesday, October 7, 2020 11:44 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
Assuming you already sued the property owner to foreclose the lien (before
bonding) and that the same owner entity is the principal on the cash bond,
then you don't need to add a new party. You just need to amend your
Complaint to reflect that the relief requested is no longer the foreclosure
of a lien on real property but a foreclosure against the bond proceeds
deposited with the Clerk as substitute security for Plaintiff's lien claim.
You still have to prove up the lien elements but at the end of the day your
final judgment is not for the sale of real property to satisfy the lien but
a direction to the Clerk to release to the Plaintiff the judgment amount
from the funds held by Clerk as substitute security for the lien.
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
mailto:Michael.Gibbons@lowndes-law.com Email | http://lowndes-law.com
Website | Bio |
https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64 VCard
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.org
mailto:clc-discussion-bounces@lists.flabarrpptl.org
<clc-discussion-bounces@lists.flabarrpptl.org
mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL
CLC-Discussion
Sent: Wednesday, October 7, 2020 10:02 AM
To: clc-discussion@lists.flabarrpptl.org
mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Who to join when lien boded off under 713.24
CAUTION: THIS IS AN EXTERNAL EMAIL
Good Morning,
I am involved in a construction lien case, where is the owner has bonded off
the lien under 713.24 by depositing the funds in the court registry. I know
I need to amend to join in the surety, however, in this case there is no a
separate surety as the owner deposited the funds with the clerk pursuant to
713.24 (1)(a). Do I join the Clerk of Court?
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
mailto:lauriesams@comcast.net lauriesams@comcast.net
https://protect-us.mimecast.com/s/I8mtCG6QR2h1BLEZTKusfP www.vwslaw.com
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until
further notice, our firm will be operating remotely. We are working hard to
serve each of you; however, you may experience some delay in our response as
we adjust schedules to accommodate state and local guidelines. Our primary
communication will be via email. If you require voice communication, you are
encouraged to call the office and leave a voice mail at extension 366. I
will do our best to return phone calls. I will continue to process and close
files as required and/or permitted. For clients that have upcoming real
estate closings, signing dates and times will be scheduled with the Closer
and will be facilitated in office or via mail away. We wish everyone good
health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client
communication or may otherwise be privileged or confidential. If it is not
clear that you are the intended recipient, you are hereby notified that you
have received this transmittal in error. In that case, any review,
dissemination, distribution or copying of this transmittal is strictly
prohibited. If you suspect that you have received this communication in
error, please notify us immediately by telephone (941) 923-1685, or e-mail
at mailto:lauriesams@comcast.net lauriesams@comcast.net and immediately
delete this message and all of its attachments.
Lee:
I know there is case law holding that any judgment in excess of the bond is an unsecured judgment against the principal of the bond. I was not aware that the fees had to be incurred before a motion to increase the bond is filed. If you have a case holding that, could you share it?
Thanks.
Steven F. Thompson, Esq.
Thompson Commercial Law Group
615 W. DeLeon Street
Tampa, Fl. 33606
813-387-1821
Fax 813-387-1824
THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL
AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED
RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE NOTIFY OUR OFFICE BY TELEPHONE
AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR;
AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT
BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE
SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER
DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS
WITHOUT THE EXPRESS CONSENT OF THOMPSON COMMERCIAL LAW GROUP.
THANK YOU.
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 12:35 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
If I’m not mistaken, I think you can only move to increase the deposit for fees you actually already incurred, not fees you anticipate incurring in the future.
Lee
A.
Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
tel:954.985.4147 954.985.4147
fax:954.985.4176 954.985.4176
mailto:lweintraub@beckerlawyers.com lweintraub@beckerlawyers.com
http://www.beckerlawyers.com/ www.beckerlawyers.com
http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813 Connect with me on LinkedIn
http://twitter.com/leeweintraub Follow me on Twitter http://twitter.com/leeweintraub
Follow Becker on...
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http://www.linkedin.com/company/becker-&-poliakoff-p.a.
http://twitter.com/BeckerPoliakoff
https://www.youtube.com/user/bplawfirm
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you.
From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 12:32 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
[EXTERNAL EMAIL]
You should also consider filing a motion pursuant to s. 713.24(3) for an order to increase the cash security to cover your attorney’s fees, as the statutory formula only requires $1,000 or 25% of the amount demanded for attorney’s fees and costs. So if you’re suing on a $100k lien, that’s only $25,000.
Reese J. Henderson, Jr.
Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
http://www.gray-robinson.com www.gray-robinson.com
tel:904-598-9929 904-598-9929
tel:904-632-8459 904-632-8459
tel:904-598-9109 904-598-9109
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From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 11:44 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
This message originated outside of GrayRobinson.
Assuming you already sued the property owner to foreclose the lien (before bonding) and that the same owner entity is the principal on the cash bond, then you don’t need to add a new party. You just need to amend your Complaint to reflect that the relief requested is no longer the foreclosure of a lien on real property but a foreclosure against the bond proceeds deposited with the Clerk as substitute security for Plaintiff’s lien claim. You still have to prove up the lien elements but at the end of the day your final judgment is not for the sale of real property to satisfy the lien but a direction to the Clerk to release to the Plaintiff the judgment amount from the funds held by Clerk as substitute security for the lien.
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
mailto:Michael.Gibbons@lowndes-law.com Email | http://lowndes-law.com Website | http://lowndes-law.com/people/Michael-Gibbons Bio | https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64 VCard
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 10:02 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Who to join when lien boded off under 713.24
CAUTION: THIS IS AN EXTERNAL EMAIL
Good Morning,
I am involved in a construction lien case, where is the owner has bonded off the lien under 713.24 by depositing the funds in the court registry. I know I need to amend to join in the surety, however, in this case there is no a separate surety as the owner deposited the funds with the clerk pursuant to 713.24 (1)(a). Do I join the Clerk of Court?
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
mailto:lauriesams@comcast.net lauriesams@comcast.net
https://protect-us.mimecast.com/s/I8mtCG6QR2h1BLEZTKusfP www.vwslaw.com
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communication will be via email. If you require voice communication, you are encouraged to call the office and leave a voice mail at extension 366. I will do our best to return phone calls. I will continue to process and close files as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the Closer and will be facilitated in office or via mail away. We wish everyone good health and safety through this challenging time.**
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As a follow up, I did find this case which seems to support Lee’s analysis.
Steven F. Thompson, Esq.
Thompson Commercial Law Group
615 W. DeLeon Street
Tampa, Fl. 33606
813-387-1821
Fax 813-387-1824
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 12:35 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
If I’m not mistaken, I think you can only move to increase the deposit for fees you actually already incurred, not fees you anticipate incurring in the future.
Lee
A.
Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
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From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 12:32 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
[EXTERNAL EMAIL]
You should also consider filing a motion pursuant to s. 713.24(3) for an order to increase the cash security to cover your attorney’s fees, as the statutory formula only requires $1,000 or 25% of the amount demanded for attorney’s fees and costs. So if you’re suing on a $100k lien, that’s only $25,000.
Reese J. Henderson, Jr.
Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
http://www.gray-robinson.com www.gray-robinson.com
tel:904-598-9929 904-598-9929
tel:904-632-8459 904-632-8459
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From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 11:44 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
This message originated outside of GrayRobinson.
Assuming you already sued the property owner to foreclose the lien (before bonding) and that the same owner entity is the principal on the cash bond, then you don’t need to add a new party. You just need to amend your Complaint to reflect that the relief requested is no longer the foreclosure of a lien on real property but a foreclosure against the bond proceeds deposited with the Clerk as substitute security for Plaintiff’s lien claim. You still have to prove up the lien elements but at the end of the day your final judgment is not for the sale of real property to satisfy the lien but a direction to the Clerk to release to the Plaintiff the judgment amount from the funds held by Clerk as substitute security for the lien.
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
mailto:Michael.Gibbons@lowndes-law.com Email | http://lowndes-law.com Website | http://lowndes-law.com/people/Michael-Gibbons Bio | https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64 VCard
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 10:02 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Who to join when lien boded off under 713.24
CAUTION: THIS IS AN EXTERNAL EMAIL
Good Morning,
I am involved in a construction lien case, where is the owner has bonded off the lien under 713.24 by depositing the funds in the court registry. I know I need to amend to join in the surety, however, in this case there is no a separate surety as the owner deposited the funds with the clerk pursuant to 713.24 (1)(a). Do I join the Clerk of Court?
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
mailto:lauriesams@comcast.net lauriesams@comcast.net
https://protect-us.mimecast.com/s/I8mtCG6QR2h1BLEZTKusfP www.vwslaw.com
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communication will be via email. If you require voice communication, you are encouraged to call the office and leave a voice mail at extension 366. I will do our best to return phone calls. I will continue to process and close files as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the Closer and will be facilitated in office or via mail away. We wish everyone good health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone (941) 923-1685, or e-mail at mailto:lauriesams@comcast.net lauriesams@comcast.net and immediately delete this message and all of its attachments.
If the Case was filed in County Court (probably unlikely) you would also need to consider transferring the Case to Circuit Court before the one year statute runs or you may be out on subject matter jurisdiction. Put simply, NEVER file a lien claim in County Court.
Regards,
Don Gibson, Esquire, B.C.S., PE, LEED AP
GIBSON|LAW
207 North Hyer Avenue
Orlando, Florida 32801
407-505-9604
P GIBSON|LAW is committed to being Green.
Please consider printing this only if necessary.
On Wednesday, October 7, 2020, 01:07:26 PM EDT, RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.org> wrote:
#yiv3255883495 #yiv3255883495 -- _filtered {} _filtered {} _filtered {} _filtered {} _filtered {}#yiv3255883495 #yiv3255883495 p.yiv3255883495MsoNormal, #yiv3255883495 li.yiv3255883495MsoNormal, #yiv3255883495 div.yiv3255883495MsoNormal {margin:0in;font-size:11.0pt;font-family:sans-serif;}#yiv3255883495 a:link, #yiv3255883495 span.yiv3255883495MsoHyperlink {color:#0563C1;text-decoration:underline;}#yiv3255883495 span.yiv3255883495EmailStyle21 {font-family:sans-serif;color:windowtext;}#yiv3255883495 .yiv3255883495MsoChpDefault {font-size:10.0pt;} _filtered {}#yiv3255883495 div.yiv3255883495WordSection1 {}#yiv3255883495
Lee:
I know there is case law holding that any judgment in excess of the bond is an unsecured judgment against the principal of the bond. I was not aware that the fees had to be incurred before a motion to increase the bond is filed. If you have a case holding that, could you share it?
Thanks.
Steven F. Thompson, Esq.
Thompson Commercial Law Group
615 W. DeLeon Street
Tampa, Fl. 33606
813-387-1821
Fax 813-387-1824
THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL
AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED
RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE NOTIFY OUR OFFICE BY TELEPHONE
AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR;
AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT
BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE
SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER
DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS
WITHOUT THE EXPRESS CONSENT OF THOMPSON COMMERCIAL LAW GROUP.
THANK YOU.
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 12:35 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
If I’m not mistaken, I think you can only move to increase the deposit for fees you actually already incurred, not fees you anticipate incurring in the future.
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Weintraub
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Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
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Becker & Poliakoff
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1 East Broward Blvd., Suite 1800
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Ft. Lauderdale,
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33301
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954.985.4147
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954.985.4176
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lweintraub@beckerlawyers.com
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www.beckerlawyers.com
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Connect with me on LinkedIn
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 12:32 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
[EXTERNAL EMAIL]
You should also consider filing a motion pursuant to s. 713.24(3) for an order to increase the cash security to cover your attorney’s fees, as the statutory formula only requires $1,000 or 25% of the amount demanded for attorney’s fees and costs. So if you’re suing on a $100k lien, that’s only $25,000.
|
Reese J. Henderson, Jr.
Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
www.gray-robinson.com
|
904-598-9929
904-632-8459
904-598-9109
|
|
|
|
GrayRobinson, P.A. ▪ 50 North Laura Street, Suite 1100, Jacksonville, Florida 32202
|
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 11:44 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
This message originated outside of GrayRobinson.
Assuming you already sued the property owner to foreclose the lien (before bonding) and that the same owner entity is the principal on the cash bond, then you don’t need to add a new party. You just need to amend your Complaint to reflect that the relief requested is no longer the foreclosure of a lien on real property but a foreclosure against the bond proceeds deposited with the Clerk as substitute security for Plaintiff’s lien claim. You still have to prove up the lien elements but at the end of the day your final judgment is not for the sale of real property to satisfy the lien but a direction to the Clerk to release to the Plaintiff the judgment amount from the funds held by Clerk as substitute security for the lien.
|
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
Email | Website | Bio | VCard
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|
|
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|
LOCAL ROOTS. BROAD REACH. SM
|
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 10:02 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Who to join when lien boded off under 713.24
CAUTION: THIS IS AN EXTERNAL EMAIL
Good Morning,
I am involved in a construction lien case, where is the owner has bonded off the lien under 713.24 by depositing the funds in the court registry. I know I need to amend to join in the surety, however, in this case there is no a separate surety as the owner deposited the funds with the clerk pursuant to 713.24 (1)(a). Do I join the Clerk of Court?
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
lauriesams@comcast.net
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communication will be via email. If you require voice communication, you are encouraged to call the office and leave a voice mail at extension 366. I will do our best to return phone calls. I will continue to process and close files as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the Closer and will be facilitated in office or via mail away. We wish everyone good health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone (941) 923-1685, or e-mail at lauriesams@comcast.net and immediately delete this message and all of its attachments.
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The statute does say incurred
“If the court finds that the amount of the deposit or bond in excess of the amount claimed in the claim of lien is insufficient to pay the lienor’s attorney’s fees and court costs incurred in the action to enforce the lien, the court must increase the amount of the cash deposit or lien transfer bond.” Fla. Stat. § 713.24(3).
You have to keep/add the principal as a party to get them to pay any excess attorneys fees and costs.
Thank you,
Jack
Jack Taylor, Esq.
Associate Attorney
Williams Law Firm
212 W. Bay Ave
Longwood, FL 32750
Telephone: 407-926-4100
mailto:gtwlaw@ymail.com Jack@WCLfirm.com
http://www.wclfirm.com/ www.WCLFirm.com
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 1:06 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
As a follow up, I did find this case which seems to support Lee’s analysis.
Steven F. Thompson, Esq.
Thompson Commercial Law Group
615 W. DeLeon Street
Tampa, Fl. 33606
813-387-1821
Fax 813-387-1824
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From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 12:35 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
If I’m not mistaken, I think you can only move to increase the deposit for fees you actually already incurred, not fees you anticipate incurring in the future.
Lee
A.
Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
tel:954.985.4147 954.985.4147
fax:954.985.4176 954.985.4176
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From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 12:32 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
[EXTERNAL EMAIL]
You should also consider filing a motion pursuant to s. 713.24(3) for an order to increase the cash security to cover your attorney’s fees, as the statutory formula only requires $1,000 or 25% of the amount demanded for attorney’s fees and costs. So if you’re suing on a $100k lien, that’s only $25,000.
Reese J. Henderson, Jr.
Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
http://www.gray-robinson.com www.gray-robinson.com
tel:904-598-9929 904-598-9929
tel:904-632-8459 904-632-8459
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From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 11:44 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
This message originated outside of GrayRobinson.
Assuming you already sued the property owner to foreclose the lien (before bonding) and that the same owner entity is the principal on the cash bond, then you don’t need to add a new party. You just need to amend your Complaint to reflect that the relief requested is no longer the foreclosure of a lien on real property but a foreclosure against the bond proceeds deposited with the Clerk as substitute security for Plaintiff’s lien claim. You still have to prove up the lien elements but at the end of the day your final judgment is not for the sale of real property to satisfy the lien but a direction to the Clerk to release to the Plaintiff the judgment amount from the funds held by Clerk as substitute security for the lien.
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
mailto:Michael.Gibbons@lowndes-law.com Email | http://lowndes-law.com Website | http://lowndes-law.com/people/Michael-Gibbons Bio | https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64 VCard
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 10:02 AM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Who to join when lien boded off under 713.24
CAUTION: THIS IS AN EXTERNAL EMAIL
Good Morning,
I am involved in a construction lien case, where is the owner has bonded off the lien under 713.24 by depositing the funds in the court registry. I know I need to amend to join in the surety, however, in this case there is no a separate surety as the owner deposited the funds with the clerk pursuant to 713.24 (1)(a). Do I join the Clerk of Court?
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
mailto:lauriesams@comcast.net lauriesams@comcast.net
https://protect-us.mimecast.com/s/I8mtCG6QR2h1BLEZTKusfP www.vwslaw.com
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communication will be via email. If you require voice communication, you are encouraged to call the office and leave a voice mail at extension 366. I will do our best to return phone calls. I will continue to process and close files as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the Closer and will be facilitated in office or via mail away. We wish everyone good health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone (941) 923-1685, or e-mail at mailto:lauriesams@comcast.net lauriesams@comcast.net and immediately delete this message and all of its attachments.
The reasonableness of an increase in a bond amount to cover fees and the evidence required to support it was addressed in Lake Eola Builders v Metropolitan at Lake Eola, 416 F. Supp. 2d 1316 (Fla. M.D. 2006), in which the court held the increase provision only applies to incurred fees and costs, rather than anticipated future fees. The court also said there must be sufficient evidence of the fees the lienor incurred incident to enforcing the lien. Similarly, in Royal Marble, Inc. v. Innovative Flooring, 932 So. 2d 221 (Fla. 2d DCA 2005), the court denied a bond increase for fees because the lienor failed to present sufficient evidence to establish that its claimed attorney’s fees were reasonable. The exact extent of proof required to increase bonds for attorney fee claims is still uncertain. Additionally, because the statute lacks consequences for noncompliance with court ordered increases in the bond amount and there is case law denying contempt orders for noncompliance, it remains to be seen how beneficial this statutory procedure really is.
Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
954.985.4147
954.985.4176
lweintraub@beckerlawyers.com
www.beckerlawyers.com
Connect with me on LinkedIn
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 1:06 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
[EXTERNAL EMAIL]
As a follow up, I did find this case which seems to support Lee’s analysis.
Steven F. Thompson, Esq.
Thompson Commercial Law Group
615 W. DeLeon Street
Tampa, Fl. 33606
813-387-1821
Fax 813-387-1824
THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL
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RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE NOTIFY OUR OFFICE BY TELEPHONE
AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR;
AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT
BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE
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From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 12:35 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
If I’m not mistaken, I think you can only move to increase the deposit for fees you actually already incurred, not fees you anticipate incurring in the future.
Lee
A.
Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
[cid:image001.png@01D69CB1.6A8D5500]http://www.beckerlawyers.com/
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
[cid:image002.png@01D69CB1.6A8D5500]
954.985.4147tel:954.985.4147
[cid:image003.png@01D69CB1.6A8D5500]
954.985.4176fax:954.985.4176
[cid:image004.png@01D69CB1.6A8D5500]
lweintraub@beckerlawyers.commailto:lweintraub@beckerlawyers.com
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From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 12:32 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
[EXTERNAL EMAIL]
You should also consider filing a motion pursuant to s. 713.24(3) for an order to increase the cash security to cover your attorney’s fees, as the statutory formula only requires $1,000 or 25% of the amount demanded for attorney’s fees and costs. So if you’re suing on a $100k lien, that’s only $25,000.
Reese J. Henderson, Jr.
Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
www.gray-robinson.comhttp://www.gray-robinson.com
[Telephone]tel:904-598-9929904-598-9929
[Direct]tel:904-632-8459904-632-8459
[Fax]tel:904-598-9109904-598-9109
[Mail To]mailto:Reese.Henderson@gray-robinson.com[Bio]https://www.gray-robinson.com/attorneys-professionals/reese-j-henderson-jr[GR Twitter]https://twitter.com/grayrobinsonlaw[GR Facebook]https://www.facebook.com/GrayRobinsonLaw[GR LinkedIn]https://www.linkedin.com/company/grayrobinson-p-a-
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This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 11:44 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Who to join when lien boded off under 713.24
This message originated outside of GrayRobinson.
Assuming you already sued the property owner to foreclose the lien (before bonding) and that the same owner entity is the principal on the cash bond, then you don’t need to add a new party. You just need to amend your Complaint to reflect that the relief requested is no longer the foreclosure of a lien on real property but a foreclosure against the bond proceeds deposited with the Clerk as substitute security for Plaintiff’s lien claim. You still have to prove up the lien elements but at the end of the day your final judgment is not for the sale of real property to satisfy the lien but a direction to the Clerk to release to the Plaintiff the judgment amount from the funds held by Clerk as substitute security for the lien.
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttp://lowndes-law.com | Biohttp://lowndes-law.com/people/Michael-Gibbons | VCardhttps://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64
[cid:image013.png@01D69CB1.6A8D5500]
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 7, 2020 10:02 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Who to join when lien boded off under 713.24
CAUTION: THIS IS AN EXTERNAL EMAIL
Good Morning,
I am involved in a construction lien case, where is the owner has bonded off the lien under 713.24 by depositing the funds in the court registry. I know I need to amend to join in the surety, however, in this case there is no a separate surety as the owner deposited the funds with the clerk pursuant to 713.24 (1)(a). Do I join the Clerk of Court?
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
lauriesams@comcast.netmailto:lauriesams@comcast.net
www.vwslaw.comhttps://protect-us.mimecast.com/s/I8mtCG6QR2h1BLEZTKusfP
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communication will be via email. If you require voice communication, you are encouraged to call the office and leave a voice mail at extension 366. I will do our best to return phone calls. I will continue to process and close files as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the Closer and will be facilitated in office or via mail away. We wish everyone good health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone (941) 923-1685, or e-mail at lauriesams@comcast.netmailto:lauriesams@comcast.net and immediately delete this message and all of its attachments.
