Kenneth R. Stein and Jill Patricia Stein v. Reynolds Ventures, Inc., d/b/a Wrightway Emergency Water Removal
Treating a certiorari petition as one for mandamus, the Second District held that a lienor who neither commences a foreclosure action nor makes a genuine showing of cause within the section 713.21(4) show-cause period must have its lien discharged, and the trial court has no discretion to excuse noncompliance or grant an extension. The court also confirmed that individual condominium unit owners named in a lien recorded under section 718.121(2) have standing to invoke chapter 713's discharge remedy as to their own units. The petition was granted with directions to vacate and cancel the lien.
Key facts
- The Steins own a condominium unit in the Privateer North community on Longboat Key; Reynolds Ventures performed emergency water removal work under a contract with the condominium association and recorded a mechanic's lien naming all unit owners.
- The Steins sued to discharge the lien and for a declaratory judgment that it was invalid; the clerk issued a section 713.21(4) summons and notice to show cause within 20 days why the lien should not be enforced by action or vacated and canceled of record.
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Holdings
- Section 713.21 proceedings are special statutory proceedings requiring strict compliance by the lienor, including strict observance of time limits; where the lienor neither commences an…
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Why it matters
This opinion is a sharp reminder to construction and restoration lienors that a section 713.21(4) show-cause summons is effectively a use-it-or-lose-it demand: file the foreclosure action within the statutory window or… — full analysis with a trial
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