[RPPTL-constructionlaw] Notice of Contest of Lien issue

[Gregory T. Elliott]

Bear Rule 1.525 in mind:  "30 days after filing of a notice of dismissal"

G. Elliott

Gregory T. Elliott
ELLIOTT - BERGER, P. A.
10225 Ulmerton Road, Suite 4A
Largo, Florida  33771
(727) 360-2600  (Phone)
(727) 360-6588  (Fax)
 
 
 Construction Law
 

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-----Original Message-----
From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Chuck
Young
Sent: Wednesday, August 17, 2011 10:59 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Notice of Contest of Lien issue

This may be a simplistic question, but when does their one year run on the
lien?  If the time is close you may want to wait before stirring the pot
again.

Charles P. Young, Esq.
Board Certified in Construction Law
Emmanuel, Sheppard & Condon, P.A.
30 South Spring Street
Pensacola, Florida 32502
850-433-6581
850-429-0492 (Fax)


-----Original Message-----
From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of David
Mankuta
Sent: Wednesday, August 17, 2011 9:53 AM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] Notice of Contest of Lien issue

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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