JOHN CRATCHER CURTIS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• DELTA Painting, Inc. v. Baumann, 710 So. 2d 663 (Fla. 3d DCA 1998)
  …of a fraudulent hen by a trial court is not a discretionary matter. As with any other contested issue, the henor’s intent and good or bad faith in filing a lien must be based on competent substantial evidence in the record. See Viyella Co. v. Gomes, 657 So. 2d 83, 85 (Fla. 3d DCA 1995) (lower court’s finding of fraudulent hen affirmed based upon contractor’s acknowledgment that its claim was overstated where a substantial portion of work remained unperformed); William Dorsky Assoc., Inc. v. Highlands County…
• S. Motor Co. OF Dade Cnty. v. Accountable Constr. Co., 707 So. 2d 909 (Fla. 3d DCA 1998)
  …. As for the fraudulent lien claim, a lien is fraudulent when a “lienor has willfully exaggerated the amount ... or in which the lienor has willfully included a claim for work not performed .... ” § 713.31(2)(a), Fla. Stat. (1993); Viyella v. Gomes, 657 So. 2d 83, 84 (Fla. 3d DCA 1995) (lienor willfully filed a claim for work he admittedly did not perform). While it is true that Fairway did not deduct certain undisputed credits from its lien, it can not be concluded as a matter of law that this was a wilful…
• SAM Rodgers Props., Inc. v. Chmura, 61 So. 3d 432 (Fla. 2d DCA 2011)
  …s an instance of a contractor grossly inflating or willfully exaggerating the amount of a lien with work or expenses never actually incurred, which would warrant forfeiture of both the valid and invalid lien amounts. See, e.g., Viyella Co. v. Gomes, 657 So. 2d 83 (Fla. 3d DCA 1995) (finding claim of lien fraudulent where a substantial portion of the claimed work had not been completed); Hobbs Constr. Dev., Inc. v. Presbyterian Homes of the Synod of Fla., 440 So. 2d 673 (Fla. 1st DCA 1983) (holding claim of l…