[CLC-Discussion] Amending lien foreclosure action

[Sherry Eisele]

It can also simply be clarified in the pre-trial statement, amended answers to ROGS regarding damages, testimony at trial in support of damages, and/or in an affidavit in support of summary judgment.

I think the 57.105 motion is inappropriate if the amount was correct at the time you filed the action and it appears that it was based on your explanation below.  If the settlement agreement did not require you to file an amended complaint, than the amount in the original complaint is not frivolous simply because you partially settled it during the litigation.
Sherry Lambson-Eisele, Esq.
SOUTH MILHAUSEN, P.A.
Gateway Center
1000 Legion Place, Ste. 1200
Orlando, Florida 32801
Phone: (407) 539-1638/Mobile (407)405-8801
Fax: (407) 539- 2679
Website: www.southmilhausen.com<http://www.southmilhausen.com/>
Email: sleisele at southmilhausen.com<mailto:sleisele at southmilhausen.com>


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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Fred Barnes
Sent: Thursday, April 18, 2013 12:08 PM
To: 'Brian Solomon'; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Amending lien foreclosure action

As an alternative to filing an amended complaint, you could file some type of notice indicating that the plaintiff stipulates to the amount owed being reduced as a result of a payment to the subsub.

FREDERICK C. BARNES, ESQ.
500 North Maitland Avenue, Suite 305
Maitland, Florida  32751
Telephone:  407-865-9200
Facsimile:  407-865-9209
www.fcbarneslaw.com<mailto:www.fcbarneslaw.com>

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, April 18, 2013 11:47 AM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Amending lien foreclosure action

I have a subcontractor who filed a lien which included amounts for one of his subcontractors.  The subsub also filed a lien and a lien foreclosure action was filed by the subcontractor with his subsub joining in.  A settlement was reached for the subsub to be paid.  My client filed a partial satisfaction based on the settlement.

Is anyone aware of a requirement that in addition to recording a partial satisfaction, that I must now amend the complaint to reflect the reduced amount of the lien?   I received a 57.105 letter.  I have researched the issue and haven't found anything specific.

[email signature 4]

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