[CLC-Discussion] Punitive damages for fraudulent lien in the absence of actual damages?

[RPPTL CLC-Discussion]

See Martin v. Jack Yanks 650 So2d 120 (3rd DCA 1995). in the dicta at 122,
Court says owner's costs, clerk fees and reasonable attorney fees to remove
fraudulent lien was its damages and entitled to punitive damages as a matter
of law. 

 

Michael J. Yates, Esq.

Board Certified in Construction Law

5975 Sunset Drive, Suite 602

Miami FL 33143

Office 305.666.8100

Fax      305.666.8106

 

 

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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, April 26, 2023 1:05 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Punitive damages for fraudulent lien in the
absence of actual damages?

 

Is anyone aware of any case law wherein a court awarded punitive damages for
the recording of a fraudulent lien in the absence of actual damages?  The
language of the statute, 713.31(2)(c), appears to suggest that an owner
would be entitled to punitive damages only if the owner can also demonstrate
actual damages resulting from the fraudulent lien.  Any insight in this
regard would be greatly appreciated!

 

John Trawick

Board Certified Construction Attorney

 

John B. Trawick, PLLC 
3298 Summit Blvd., Suite 5 | Pensacola, Florida 32503
Office: (850) 476-0495 | Direct: (850) 982-0165

 

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