POLITANO v. GPA CONST. GROUP

No. 3D07-3179.

9 So.3d 15 (2008)

Jonathan and Ana-Karina POLITANO, Appellant, v. GPA CONSTRUCTION GROUP, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied April 28, 2009.


Attorney(s) appearing for the Case

Deborah Marks, for appellant.

Stephen E. Tunstall, for appellee.

Before COPE and RAMIREZ, JJ., and SCHWARTZ, Senior Judge.


PER CURIAM.

This is an appeal in a construction lien case, where the trial court declined to find that a lien was fraudulent. We affirm because the trial court did not abuse its discretion in concluding that the disallowed items included in the lien were a result of mistake and not a willful exaggeration.

Paragraph 713.31(2)(a), Florida Statutes (2007), defines a fraudulent lien as one where "the lienor has willfully exaggerated the amount for which such lien...

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