The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.28

713.28 Judgments in case of failure to establish liens; personal and deficiency judgments or decrees.—

(1) If a lienor shall fail, for any reason, to establish a lien for the full amount found to be due him or her in an action to enforce the same under the provisions of this part, he or she may, in addition to the lien decreed in his or her favor, recover a judgment or decree in such action against any party liable therefor for such sums in excess of the lien as are due him or her or which the lienor might recover in an action on a contract against any party to the action from whom such sums are due him or her.

(2) In any action heretofore or hereafter brought a court may, either before or after the final adjudication, award a summary money judgment or decree in favor of any party. This shall not preclude the rendition of other judgments or decrees in the action.

(3) If, upon the sale of the real property under any judgment or decree there is a deficiency of proceeds to pay the amount of such judgment or decree, the judgment or decree may be enforced for the deficiency against any person liable therefor in the same manner and under the same conditions as deficiency decrees in mortgage foreclosures. Any payment made on account of any judgment or decree in favor of a party shall be credited on any other judgment or decree rendered in favor of that party in the same action.

History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 815, ch. 97-102.

Note.—Former s. 84.281.

F.S. 713.28 on Google Scholar

F.S. 713.28 on Casetext

Amendments to 713.28

Arrestable Offenses / Crimes under Fla. Stat. 713.28

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.28.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STOCK BUILDING SUPPLY OF FLORIDA, INC. d b a K A v. SOARES DA COSTA CONSTRUCTION SERVICES, LLC,, 76 So. 3d 313 (Fla. Dist. Ct. App. 2011)

. . . In the instant case, the Project did not have a section 713.28 payment bond when it began in August 2005 . . .

PROFESSIONAL PLASTERING STUCCO, INC. v. BRIDGEPORT- STRASBERG JOINT VENTURE,, 940 So. 2d 444 (Fla. Dist. Ct. App. 2006)

. . . any direct contract the owner may require the contractor to furnish a payment bond as provided in s. 713.28 . . .

DECKTIGHT ROOFING SERVICES, INC. a v. AMWEST SURETY INSURANCE, a a, 841 So. 2d 667 (Fla. Dist. Ct. App. 2003)

. . . This petition arises from a statutory bond claim brought under Florida Statutes Section 713.28 by Decktight . . .

ST. REGIS PAPER COMPANY SOUTHERN CULVERT OPERATIONS, v. QUALITY PIPELINE, INC. KTI, 469 So. 2d 820 (Fla. Dist. Ct. App. 1985)

. . . Such a lienholder can then seek a “deficiency” judgment against any person liable for the debt. 713.28 . . .

BANNER SUPPLY COMPANY, v. EVE SEAVIEW, INC., 436 So. 2d 131 (Fla. Dist. Ct. App. 1982)

. . . Messeroff, 145 So.2d 238 (Fla. 3d DCA 1962); Sec. 713.28, Fla.Stat. (1981). . . .

C. A. DAVIS, INC. a a v. YELL- FOR- PENNELL, INC. a, 274 So. 2d 267 (Fla. Dist. Ct. App. 1973)

. . . trial court proceeded on the theory that allowance of such damages was authorized or provided for by § 713.28 . . . under the Mechanics’ Lien Law, and therefore, it would appear does not come within the provisions of § 713.28 . . .

LOGAN CONSTRUCTION COMPANY, a v. WARREN BROTHERS CONSTRUCTION COMPANY, a, 268 So. 2d 369 (Fla. 1972)

. . . can lean insofar as the pleadings are concerned. . . . ” Meadows also cited mechanics’ lien statute § 713.28 . . .

M M INVESTMENTS, INC. v. BETHLEHEM STEEL CORPORATION, Co. a Co., 250 So. 2d 324 (Fla. Dist. Ct. App. 1971)

. . . Section 84.281(1), F.S.1963 (now F.S.1969 § 713.28(1), F.S. . . .

B. EMERY v. INTERNATIONAL GLASS MFG. INC., 249 So. 2d 496 (Fla. Dist. Ct. App. 1971)

. . . defendant’s property, but that the plaintiff may proceed to judgment on a contract pursuant to Section 713.28 . . . whether the circuit court had authority to enter a judgment for money damages, pursuant to Section 713.28 . . . enter a money judgment for the full amount found due tinder the provisions of the aforesaid Section 713.28 . . .

v., 30 B.T.A. 1177 (B.T.A. 1934)

. . . Trammell : This proceeding is for the redetermination of a deficiency in income tax of $713.28 for the . . .

v. v. v., 27 B.T.A. 1341 (B.T.A. 1933)

. . . Murdock : The Commissioner determined a deficiency of $2,853.12 and a penalty of $713.28 in the income . . .