[CLC-Discussion] Who to join when lien boded off under 713.24

Wed Oct 7 09:41:39 PDT 2020

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

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From: clc-discussion-bounces at lists.flabarrpptl.org
<clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL
CLC-Discussion
Sent: Wednesday, October 7, 2020 11:44 AM
To: clc-discussion at 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
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From: clc-discussion-bounces at lists.flabarrpptl.org
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<clc-discussion-bounces at lists.flabarrpptl.org
<mailto:clc-discussion-bounces at lists.flabarrpptl.org> > On Behalf Of RPPTL
CLC-Discussion
Sent: Wednesday, October 7, 2020 10:02 AM
To: clc-discussion at lists.flabarrpptl.org
<mailto:clc-discussion at 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
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