[RPPTL-constructionlaw] Notice of Contest of Lien issue

[Chris Lamia]

When does the one year run to file?  It may be more cost effective to
let it run.  Lienor would have to refile under both scenarios: either
refile or file within 60 days of Notice of Contest.  Also, if your
client has a direct contract with lienor with a prevailing party fee
provision, I believe you can get fees for the voluntary dismissal,
without the need to pursue it under the lien statute (i.e. regardless of
whether lienor refiles).  Finally, your client still has a statutory
fraudulent lien claim and slander of title claim against the lienor. 


Christine E. Lamia
Litigation Practice Group
Board Certified in Construction Law
    Bryant
     Miller
      Olive
101 North Monroe St. Suite 900 
Tallahassee, FL 32301 
(850) 222-8611
(850) 222-8969 (Fax)
clamia at bmolaw.com

TAX ADVICE DISCLOSURE: To ensure compliance with requirements imposed by
the IRS under Circular 230, we inform you that any U.S. federal tax
advice contained in this communication (including any attachments),
unless otherwise specifically stated, was not intended or written to be
used, and cannot be used, for the purpose of (1) avoiding penalties
under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any matters addressed herein.
 
NOTICE TO RECIPIENT: This e-mail message is intended only for the
individual or entity to which it is addressed and may contain
confidential information and/or attachments that are legally privileged.
If you are not the intended recipient, any review, use, dissemination,
distribution or copying of this e-mail is strictly prohibited. If you
have received this e-mail in error, please notify us immediately by
return e-mail or by telephone and delete this message. Please note that
if this e-mail contains a forwarded message, an attachment, or is in
reply to a prior message, some or all of the contents of this message
may not have been produced by Bryant Miller Olive P.A.


-----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
Website | Bio
 

 
 
 
 
 
 
 
 
 
NOTICE: This e-mail message and any attachment to this e-mail message
contains confidential information that may be legally privileged. If you
are not the intended recipient, you must not review, retransmit, convert
to hard copy, copy, use or disseminate this e-mail or any attachments to
it. If you have received this e-mail in error, please notify us
immediately by return e-mail or by telephone at 727-787-3121 and delete
this message. Please note that if this e-mail message contains a
forwarded message or is a reply to a prior message, some or all of the
contents of this message or any attachments may not have been produced
by the sender.  Disclaimer under Circular 230: Any statements regarding
tax matters made herein, including any attachments, are not formal tax
opinions by this firm, cannot be relied upon or used by any person to
avoid tax penalties, are not intended to be advice to avoid tax laws or
penalties, and are not intended to be used or referred to in any
marketi!
 ng or promotional materials.
 

_______________________________________________
constructionlaw mailing list
constructionlaw at lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw