[CLC-Discussion] 20 day show cause question

[RPPTL CLC-Discussion]

Yes, filing of foreclosure claim is the normal result/response to a show
cause action; I have 5 pending now.  The filing of the foreclosure
counterclaim constitutes good cause.

 

 

Charles B. Hernicz, Esq.

Board Certified in Construction Law by The Florida Bar          

Hernicz Legal Services, P.L.
1460 Wood Row Way 
Wellington, FL 33414 
Telephone: (561) 753-7511 
Chernicz at HerniczLegal.com

Confidentiality Notice: This communication is covered by the Electronic
Communications Privacy Act, 18 U.S.C. §§ 2510-2521. It is legally privileged
(including attachments) and is intended only for the use of the
individual(s) or entity(ies) to which it is addressed. It may contain
information that is confidential, proprietary, privileged, and/or exempt
from disclosure under applicable law. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon this
information by persons or entities other than the intended recipient is
strictly prohibited. If you have received this communication in error,
please notify us so that we may take the appropriate action and avoid
troubling you further. If you are not the intended recipient(s), please
destroy this message, and any attachments, and notify the sender by return
e-mail. Thank you for your cooperation. 

From: clc-discussion-bounces at lists.flabarrpptl.org
<clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL
CLC-Discussion
Sent: Monday, October 25, 2021 12:52 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] 20 day show cause question

 

If an Owner files suit with the 20 day show cause summons, and the lienor
timely files its counterclaim to foreclose on its lien but files a motion
for extension of time to file its Answer, did the lienor comply with the
requirements of 713.21(4), Florida Statutes?  In other words, is a “stand
alone counterclaim” sufficient to satisfy the statute?  Alternatively, would
the filing of the counterclaim constitute “good cause” which, per the
statute, also satisfies its requirements?

 

 

Adam C. Linkhorst, Esq.

Linkhorst & Hockin, P.A.

4495 Military Trail, Suite 106

Jupiter, FL  33458

Email:   <mailto:acl at FloridaHardhatLaw.com> acl at FloridaHardhatLaw.com

Tel.   561.626.8880 / Cell.  954.562.9199

Fax.  561.626.8885

Website:   <http://www.floridahardhatlaw.com/> www.Floridahardhatlaw.com

 

Board Certified by the Florida Bar in Construction Law

AV®Preeminent Peer Review Rated by Martindale-Hubbell  

 

  

  

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20211025/159c3b02/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 8282 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20211025/159c3b02/image001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 3965 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20211025/159c3b02/image002-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 22555 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20211025/159c3b02/image003-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 40155 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20211025/159c3b02/image005-0001.png>