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

[RPPTL CLC-Discussion]

To clarify further: what happens if lienor records lien which might otherwise be deemed as fraudulent and then, months later, and shortly after suit to foreclose is filed, the lienor cancels the lien.  Owner doesn't suffer any actual damages in the form off loss of sale, loss of financing ability, etc., and in fact owner doesn't suffer any out of pocket losses at all.  Is owner still entitled to punitive damages against lienor?

John Trawick

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 12:38 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Punitive damages for fraudulent lien in the absence of actual damages?

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<mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org<mailto: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<mailto: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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