Jon M. Hall Company, LLC v. Canoe Creek Investments, LLC
A contractor recorded a claim of lien, then an amended claim of lien more than doubling the amount, and sued the owner. After suit was filed, the owner transferred the amended lien to a bond under section 713.24(1)(b) and recorded a notice of contest under section 713.22(2). The Second District denied certiorari, holding the trial court did not depart from the essential requirements of law in ruling that the notice of contest of the transferred amended lien shortened the contractor's time to sue on the bond to sixty days, and that the contractor's failure to name the surety within that window automatically extinguished the lien.
Key facts
- Jon M. Hall Company, LLC, a contractor, recorded an initial claim of lien, then an amended claim of lien for more than double the original amount, against property owned by Canoe Creek Investments, LLC.
- After the contractor filed suit against the owner for lien foreclosure, the owner transferred the amended lien to a bond under section 713.24(1)(b) and recorded a notice of contest under section 713.22(2).
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Why it matters
This decision extends Hiller to amended claims of lien, confirming that each transfer-plus-notice-of-contest during litigation restarts a sixty-day trap for the lienor, even where the original lien was transferred… — full analysis with a trial
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