Writ of Certiorari was Granted Quashing Order Discharging Claim of Lien and Notice of Lis Pendens

Premier Finishes, Inc. and Peter Torres v. Chris Maggirias, Trustee, 38 Fla. L. Weekly D2388a. Case No. 2D13-1340, filed November 15, 2013: Writ of Certiorari was granted quashing order discharging claim of lien and notice of lis pendens based on trial court's finding that contractor's use of its fictitious name invalidated the underlying contract. Since the trial court's failure to make a specific finding that the "faulty" claim of lien adversely affected the owner could not be remedied on appear, Certiorari relief was appropriate.

(From Construction Regulation Subcommittee Monthly Report 11/2013)

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

Comments

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