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Onionskin, Inc. v. DeCiccio
Citations: 720 So. 2d 257; 1998 Fla. App. LEXIS 12282; 1998 WL 653606Docket: No. 97-2936
Court: District Court of Appeal of Florida; September 25, 1998; Florida; State Appellate Court
Onionskin, Inc. appealed a summary judgment that invalidated its lien against the residence of Daniel and Sheila DeCiccio, which amounted to $110,729.88. The trial court determined that the lien was willfully exaggerated, either by intention or due to gross negligence. The total cost for remodeling, including 17 change orders, was $368,764.14, while the DeCiccios had paid $258,134.26. Onionskin claimed that costs from Change Order 17, totaling $39,807.89, were not included in the lien; however, this was contradicted by the evidence, as the lien total and the amount paid matched the overall project cost when accounting for the change orders. The trial court found several items in Change Order 17 non-lienable, particularly those alleging delays caused by the DeCiccios. Citing *Stevens v. Site Developers, Inc.*, the court noted that merely claiming a larger amount does not automatically constitute a fraudulent lien if filed in good faith. However, unlike in *Stevens*, the trial court concluded that Onionskin's lien lacked good faith due to the inclusion of improper items. Florida Statute § 713.05 stipulates that a contractor's lien must be for money owed for labor and materials directly related to the contract, excluding claims for damages from alleged breaches by property owners. The appellate court affirmed the trial court's decision, agreeing that the lien was willfully exaggerated and demonstrated bad faith, as it included non-lienable claims. The court emphasized the distinction between this case and previous rulings, confirming that the trial court acted within its discretion.