Legal Opinion

Hiller v. Phoenix Associates of South Florida, Inc.

District Court of Appeal of Florida

Decided April 8, 2016No. 2D15-2827PublishedCited by 5 opinions

1Opinion of the Court

CRENSHAW, Judge.

Georgia Hiller appeals the trial court’s order denying her motion for release of a transfer bond filed under section 713.24, Florida Statutes (2014). Because the lien- or, Phoenix Associates, of South Florida, Inc., failed to timely commence an action on the transfer bond, we reverse.

This appeal spawns from the alleged breach of ah oral contract between Hiller and Phoenix for construction, work performed by Phoenix on Hiller’s home. When Hiller failed to compensate Phoenix for the work, Phoenix took advantage of the special statutory lien rights afforded to it under Chapter…

2Cases cited12 opinions

  1. Dracon Const., Inc. v. FACILITY CONST. MANAGEMENT, INC.District Court of Appeal of Florida · 2002
  2. North American Spec. Ins. v. Bergeron Dev.District Court of Appeal of Florida · 1999
  3. Jack Stilson & Co. v. Caloosa Bayview CorporationSupreme Court of Florida · 1973
  4. Matrix Const. Corp. v. MECCA CONST. INC.District Court of Appeal of Florida · 1991
  5. Regal Wood Prod v. Ist Wis. Nat. BankDistrict Court of Appeal of Florida · 1977

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3Cited by5 opinions

  1. FARREY'S WHOLESALE HARDWARE CO., INC. v. COLTIN ELECTRICAL SERVICES, LLCDistrict Court of Appeal of Florida · 2018
  2. Dwork v. Executive Estates of Boynton Beach Homeowners Ass'nDistrict Court of Appeal of Florida · 2017
  3. ALBERT RABIL and TAMARA RABIL v. SEASIDE BUILDERS, LLCDistrict Court of Appeal of Florida · 2017
  4. JON M. HALL COMPANY, LLC v. CANOE CREEK INVESTMENTS, LLC, NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC, AND MML II, LLCDistrict Court of Appeal of Florida · 2024
  5. Jorge Hernandez v. Burleigh House Condominium, Inc.District Court of Appeal of Florida · 2025

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