[RPPTL-constructionlaw] Notice of Contest of Lien issue

[David Mankuta]

It seems to me that if your 57.105 safe harbor letter took issue with both the filing of the lawsuit as well as the lien itself you may be able to file your 57.105 motion now. That may get some quick action while at the same time filing the Notice of Contest

David B Mankuta, Esq. 
Board Certified in Construction Law                                                                                                                                                                   
dbm at atkinson-diner.com 
www.atkinson-diner.com 
Atkinson, Diner, Stone, Mankuta & Ploucha, P.A.
One Financial Plaza, Suite 1400
100 S.E. 3rd Avenue
Ft. Lauderdale, FL  33394
Tel:  (954) 925-5501
Fax:  (954) 920-2711


-----Original Message-----
From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Justin Zinzow
Sent: Wednesday, August 17, 2011 10:44 AM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] Notice of Contest of Lien issue



I would appreciate any feedback any members of the committee have the time or inclination to provide on the following:

A construction lien was timely recorded and a lawsuit was timely filed.  However, just prior to a 57.105 hearing as to the frivolity of the lien and foreclosure action, the lienor (through counsel) voluntarily dismissed the lawsuit without prejudice.  The lien was never released and demands for release have gone unanswered.  

The propery owner would like to clear the lien as quickly and cheaply as possible.  Would a notice of contest of lien, if recorded now, be effective to terminate the lien if a new lawsuit is not filed (or the old one re-opened) within 60 days?


Justin R. Zinzow | Zinzow Law
Board Certified Construction Specialist
35111 U.S. Highway 19 N.
Suite 302
Palm Harbor, FL 34684                  
Ph: (727) 787-3121
Fax: (727) 787-3231
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