Legal Opinion

Unnerstall v. Designerick, Inc.

District Court of Appeal of Florida

Decided September 18, 2009No. 2D09-1764PublishedCited by 2 opinions

1Opinion of the Court

KELLY, Judge.

Christopher and Lynette Unnerstall seek review of an order that denies their motion to discharge Designerick, Inc.’s construction lien on their property. They argue that Designerick’s answer and counterclaims failed to strictly comply with the requirements of section 713.21(4), Florida Statutes (2008), 1 to avoid cancellation of the lien. Although the Unnerstalls filed a petition for a writ of certiorari in this court seeking to have the lien discharged, we treat the petition as one for mandamus and grant the petition. See Brookshire v. GP Constr. of Palm Beach, Inc., 993 So.2d…

2Cases cited5 opinions

  1. Dracon Const., Inc. v. FACILITY CONST. MANAGEMENT, INC.District Court of Appeal of Florida · 2002
  2. Mainlands Const. Co. v. WEN-DIC CONST. CO.Supreme Court of Florida · 1986
  3. Matrix Const. Corp. v. MECCA CONST. INC.District Court of Appeal of Florida · 1991
  4. Brookshire v. GP Const. of Palm Beach, Inc.District Court of Appeal of Florida · 2008
  5. Ruffolo v. Parish & Bowman, Inc.District Court of Appeal of Florida · 2007

3Cited by2 opinions

  1. Jorge Hernandez v. Burleigh House Condominium, Inc.District Court of Appeal of Florida · 2025
  2. Stein, Stein v. Reynolds Ventures, Inc., Wrightway Emergency Water RemovalFlorida Second District Court of Appeal · 2026

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