DIANA MARIE DANSIG, FORMERLY DIANA MARIE ROMAN, APPELLANT,

v.

ROBERT L. ROMAN, APPELLEE

Citator

Cited By (12 total)

• Mainlands Constr. Co., Inc. v. Wen-Dic Constr. Co., Inc., 482 So. 2d 1369 (Fla. 1986)
  …t reversed the trial court’s dismissal stating that Wen-Dic’s counterclaim seeking to foreclose the lien was a proper means of avoiding a cancellation of the lien under section 713.21(4). We agree. In Goldberger v. United Plumbing and Heating, Inc., 358 So. 2d 860 (Fla. 4th DCA 1978), the court stated that “[a] lienor may commence an action to enforce his lien under 713.21(4), by filing a lien foreclosure action as a counterclaim_” 358 So. 2d at 863. Wen-Dic’s timely counterclaim meets this standard. Wen-Dic’…
• Dracon Constr., Inc. v. Facility Constr. Mgmt., Inc., 828 So. 2d 1069 (Fla. 4th DCA 2002)
  …h order cancellation of the lien.” Id. “A complaint for discharge under [section] 713.21(4) is a special statutory proceeding and a lienor must strictly comply with its provisions to protect his lien.” Goldberger v. United Plumbing & Heating, Inc., 358 So. 2d 860, 863 (Fla. 4th DCA 1978); accord Sturge v. LCS Dev. Corp., 643 So. 2d 53, 55 (Fla. 3d DCA 1994). Florida Rule of Civil Procedure 1.010 provides that for a special statutory proceeding, unless the civil rules “specifically provide to the contrary,” i…
• Federated Stores Realty, Inc. v. The Honorable Miette K. Burnstein, 392 So. 2d 573 (Fla. 4th DCA 1980)
  …rent issue, contains dicta to the effect that the appellant in that case could have made application for an order extending the time for a response to the order to show cause but failed to do so. In Goldberger v. United Plumbing and. Heating, Inc., 358 So. 2d 860 (Fla. 4th DCA 1978), we emphasized that the lienor has two alternatives under the statute: he may file an action or show cause why such an action should not be filed. A stipulation by the parties for an extension of time is, on its face, good cause…

Authorities Cited

• Lieberman v. Marshall, 236 So. 2d 120 (Fla. 1970)