Opinion
No. 89-1811.
July 5, 1990. Rehearing Denied August 9, 1990.
Appeal from the Circuit Court for Palm Beach County; Mary E. Lupo, Judge.
C. Stephen Allen of Mitcham, Weed, Barbas, Allen Morgan, Tampa, and Thomas W. Prewitt, Jackson, Miss., for appellant.
Michael L. Dennis and Stephen Reisman of Rosenberg, Reisman Stein, Miami, for appellee.
AFFIRMED. We find no error by the trial court in canceling appellant's claim of lien because of appellant's failure to comply with the provisions of section 713.21(4), Florida Statutes (1987). We reject appellant's claim that the transfer of the lien to a money bond precluded the application of section 713.21(4). We also find no error by the trial court in not granting the appellant additional time to plead.
GUNTHER and GARRETT, JJ., concur.
ANSTEAD, J., dissents with opinion.
While I agree with the majority that the provisions of section 713.21(4) apply regardless of the transfer of the lien to bond, I believe the cancellation of the lien was unjustified here where the circumstances involved both a transfer of the lien to bond before service of the section 713.21(4) action summons on appellant, and the appellant's initiation of bankruptcy proceedings. I believe the appellant should have been given additional time to initiate a lien foreclosure action.