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

[RPPTL CLC-Discussion]

Under the case law in the previous not, I would I think having to hire an
attorney to defend the unwarranted suit would be sufficient damages but it
is probably not worth the cost if the damages will not be recoverable.

ed


*Edward J. Kinberg*
*Attorney* | *Stewart Law CS, LLC.*
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321 541-6845 a: e, FL 32955


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On Wed, Apr 26, 2023 at 1:54 PM RPPTL CLC-Discussion <
clc-discussion at lists.flabarrpptl.org> wrote:

> 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
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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
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