Sharrard v. Ligon

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that a lienor’s consultation with counsel before it files a claim of lien tends to show that the lienor was acting in good faith and is a factor to consider in determining whether a lien is fraudulent
• holding claim of lien was fraudulent because it included expenses for nonexistent worker’s compensation insurance coverage; contractor did not act in good faith in claiming such expenses in the lien
• explaining that clearly erroneous standard is used to review trial court’s finding of fact based on undisputed evidence, such as the dates of the letters in this case
• noting that “[a] lienor’s consultation -with counsel prior to filing a claim of lien tends to establish that the lienor acted in good faith” and “is a factor to be considered along with other pertinent factors”
• under the pre-2007 version of section 713.31, the contractor’s damages for breach of contract were subject to a setoff for any amounts that may be determined to be due to the owners on their claim for damages for the filing of a fraudulent lien

Source: CourtListener parenthetical corpus (CC0).