Legal Opinion

KA Properties, LLC v. USA Construction, Inc.

District Court of Appeal of Florida

Decided May 28, 2010No. 5D10-816PublishedCited by 1 opinion

1Opinion of the CourtTorpy, J.

In this construction lien case, Petitioner seeks to compel the discharge of a lien against its property because Respondent failed to timely assert its rights after it was served with a summons pursuant to section 713.21(4), Florida Statutes (2008). We have jurisdiction and grant the petition. See Brookshire v. GP Constr. of Palm Beach, Inc., 993 So.2d 179, 180 (Fla. 4th DCA 2008).

After Respondent recorded a construction lien against Petitioner’s property, Petitioner invoked the special statutory procedure authorized by section 713.21(4). This procedure is intended to hasten the resolution of…

2Cases cited3 opinions

  1. Dracon Const., Inc. v. FACILITY CONST. MANAGEMENT, INC.District Court of Appeal of Florida · 2002
  2. FEDERATED STORES REALTY v. BurnsteinDistrict Court of Appeal of Florida · 1980
  3. Brookshire v. GP Const. of Palm Beach, Inc.District Court of Appeal of Florida · 2008

3Cited by1 opinion

  1. Walker v. StateDistrict Court of Appeal of Florida · 2010

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