From Casetext: Smarter Legal Research

Stevens v. Site Developers, Inc.

District Court of Appeal of Florida, Fifth District
Sep 11, 1991
584 So. 2d 1064 (Fla. Dist. Ct. App. 1991)

Summary

holding that court may allow lien in amount less than that claimed without finding that the lien is fraudulent

Summary of this case from Sam Rodgers Properties, Inc. v. Chmura

Opinion

No. 90-1357.

August 1, 1991. Rehearing Denied September 11, 1991.

Appeal from the Circuit Court, Brevard County, Clarence T. Johnson, Jr., J.

John H. Evans of Evans, Jones Abbot, Titusville, for appellants/cross-appellees.

John P. Grier, Melbourne Beach, for appellees/cross-appellants.


This case involves the issue of whether a claim of a mechanic's lien is fraudulent merely because the amount judicially determined to be correct is substantially less than the amount of the lien claimed.

In addition to items for labor performed and materials furnished for the improvement of certain real property, the appellee contractor also included in his claim of lien amounts claimed as items of damages for breach of contract in the nature of loss of profits and construction delay. The amounts claimed for these items made the amount of the claimed lien greatly in excess of the amount of the mechanic's lien finally found by the trial judge, but the trial judge did not find the contractor's lien to be a fraudulent lien. The owner appeals, arguing that by including items of construction damages not covered by the mechanic's lien law, the lienor "willfully exaggerated the amount for which such lien [was] claimed" and that the trial judge erred in not finding and adjudicating the lien to be fraudulent under section 713.31(2)(a), Florida Statutes. We affirm, holding that the amounts claimed as a mechanic's lien and the amount finally allowed by the trial judge do not alone determine the lien to be fraudulent as a matter of law. The trial judge still has discretion in determining the intent and good or bad faith of the lienor when he stated the amount of the lien claimed. The seeking of advice of counsel, prior to the preparation and filing of the lien, as the appellee did in this case, is evidence relevant to that inquiry. William Dorsky Associates, Inc. v. Highlands County Title, 528 So.2d 411 (Fla. 2d DCA 1988). We cannot hold as a matter of law that the trial judge abused his discretion in making the necessary finding of fact in this case.

A "willful" act is one done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly, ignorantly or inadvertently. A willfully exaggerated amount is an amount known and intended to be in excess of that allowed by the law under the circumstances and claimed, not in ignorant good faith, but for bad reasons, motives or purposes.

AFFIRMED.

GOSHORN, C.J., and W. SHARP and COWART, JJ., concur.


Summaries of

Stevens v. Site Developers, Inc.

District Court of Appeal of Florida, Fifth District
Sep 11, 1991
584 So. 2d 1064 (Fla. Dist. Ct. App. 1991)

holding that court may allow lien in amount less than that claimed without finding that the lien is fraudulent

Summary of this case from Sam Rodgers Properties, Inc. v. Chmura

affirming trial court's finding good faith of lienor at time lien was claimed despite amount of lien claimed being greatly in excess of amount of lien ultimately allowed by the trial judge

Summary of this case from Taylor Indus. Constr., Inc. v. Westfield Ins. Co.

affirming trial court's ruling that amounts claimed in lien for lost profits and construction delay were not lienable, but nevertheless concluding that the lien was not fraudulent

Summary of this case from Sam Rodgers Properties, Inc. v. Chmura

In Stevens v. Site Developers, Inc., 584 So.2d 1064, 1065 (Fla. 5th DCA 1991), this court held similarly that "the amounts claimed as a mechanic's lien and the amount finally allowed by the trial judge do not alone determine the lien to be fraudulent as a matter of law."

Summary of this case from Castiello v. Sweetwater Homes

In Stevens v. Site Developers, Inc., 584 So.2d 1064 (Fla. 5th DCA 1991), the contractor, Site Developers, included in its claim of lien, damages for breach of contract in the nature of lost profits and construction delays.

Summary of this case from Onionskin, Inc. v. DeCiccio

stating "[t]he trial judge still had discretion in determining the intent and good or bad faith of the lienor when he stated the amount of the lien claimed"

Summary of this case from Delta Painting, Inc. v. Baumann
Case details for

Stevens v. Site Developers, Inc.

Case Details

Full title:JAMES STEVENS, ET UX., ET AL., APPELLANTS/CROSS-APPELLEES, v. SITE…

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 11, 1991

Citations

584 So. 2d 1064 (Fla. Dist. Ct. App. 1991)

Citing Cases

Taylor Indus. Constr., Inc. v. Westfield Ins. Co.

Moreover, even if the Court found that the Lien included improper items, it can and would, within its…

Sam Rodgers Properties, Inc. v. Chmura

Based on the foregoing we conclude that, while the amended claim of lien in this case included two items that…