Equitable Lien

1,000 Florida cases classified under this topic, plus 2 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Malone v. Meres
  109 So. 677· Fla.· 1926-04-30 ·cited 406×
  The Florida Supreme Court affirmed the lower court's decision enforcing an equitable lien on personal property under a conditional installment sale contract. The court held that courts of general equity jurisdiction have the power to adjudicate lien claims arising from sale contr
• Morgan F. Jones in Bankr. of Jacksonville Bread Co. v. Carpenter
  106 So. 127· Fla.· 1925-10-24 ·cited 375×
  The Florida Supreme Court reversed a lower court decision dismissing a trustee's bill seeking to establish an equitable lien against a homestead. The trustee sought to recover funds that the bankrupt corporation's president fraudulently diverted from company assets to improve his
• Moritz v. Hoyt Enters., Inc.
  604 So. 2d 807· Fla.· 1992-07-23 ·cited 304×
  The Florida Supreme Court held that the prevailing party for purposes of awarding attorney's fees is the party that prevails on the significant issues in the litigation, rather than the party recovering the largest monetary award. The court approved the trial judge's discretion t
• Crane Co. v. Fine
  221 So. 2d 145· Fla.· 1969-04-02 ·cited 165×
  Crane Co. sought to foreclose a materialman's lien for materials supplied to a building project and, alternatively, to establish an equitable lien on holdback funds. The Florida Supreme Court held that materialmen are not limited to statutory liens but may seek equitable liens ba
• Rosanna S. Lucas v. Leonidas E. Wade
  43 Fla. 419· Fla.· 1901-06-01 ·cited 128×
  The Florida Supreme Court reversed a lower court decree and held that Rosanna S. Lucas retained her vendor's lien on real property sold to Leonidas E. Wade, despite the substitution of promissory notes for a mortgage, because Wade failed to prove she waived the lien and evidence
• Roth v. Roth
  973 So. 2d 580· Fla. 2d DCA· 2008-01-09 ·cited 121×
  In this dissolution of marriage appeal, the Second District Florida Court of Appeal reversed and remanded the trial court's equitable distribution and child support awards, finding the trial court erroneously included dissipated marital assets in the distribution scheme without e
• Chiusolo v. Kennedy
  614 So. 2d 491· Fla.· 1993-02-25 ·cited 118×
  The Florida Supreme Court addressed the standard for discharging a lis pendens notice filed in connection with a lawsuit seeking to impose a resulting and constructive trust on real property. The Court held that a lis pendens cannot be discharged if the proponent establishes a fa
• Int'l Realty Assocs. v. McAdoo
  87 Fla. 1· Fla.· 1924-01-10 ·cited 114×
  International Realty Associates sought to rescind a real estate development contract with the McAdoos based on their alleged breach in refusing to execute deeds. The Florida Supreme Court affirmed dismissal of the bill, holding that breach of contract alone is insufficient ground
• In re Barnett. Barnett v. Jaspan
  124 F.2d 1005· 2d Cir.· 1942-01-07 ·cited 95×
  The court should not decide issues not properly appealed or abandoned by the appellant.
• Palm Beach Sav. & Loan Ass'n v. Fishbein
  619 So. 2d 267· Fla.· 1993-04-01 ·cited 93×
  The Florida Supreme Court held that a bank can obtain an equitable lien on homestead property to the extent its loan proceeds were used to satisfy preexisting mortgages and taxes, even though the homeowner's spouse innocently did not sign the mortgage due to her husband's forgery
• Gomes v. Stevens
  548 So. 2d 1163· Fla. 2d DCA· 1989-08-18 ·cited 89×
  Susan Gomes, guardian of an incompetent woman, challenged a summary judgment declaring a promissory note and mortgage valid and awarding $46,000 to the defendants. The court reversed, holding that the defendants failed to establish as a matter of law that a benefit flowed to the
• In re Justice Oaks II v. Just. Oaks II, Ltd.
  898 F.2d 1544· 11th Cir.· 1990-04-25 ·cited 85×
  The court held that while the bankruptcy court's order authorizing settlement lacked preclusive effect, the order confirming the plan did bar relitigation of claims that were or could have been raised in the confirmation proceeding. The court also held that an objection to a clai
• Jax Ice & Cold Storage Co. v. S. Fla. Farms Co.
  91 Fla. 593· Fla.· 1926-04-08 ·cited 79×
  This interpleader suit involved a judgment creditor (South Florida Farms Company) seeking to deposit disputed judgment proceeds into the court registry rather than risk double liability by paying multiple claimants. The Florida Supreme Court reversed, holding that interpleader wa
• Rinker Materials Corp. v. The Palmer First Nat'l Bank & Tr. Co. OF Sarasota
  361 So. 2d 156· Fla.· 1978-07-20 ·cited 75×
  The Florida Supreme Court held that a party seeking equitable estoppel relief must prove fraud, misrepresentation, or affirmative deception by the party against whom estoppel is sought, and reversed the trial court's grant of equitable relief to subcontractors based on a bank's a
• Butterworth v. Caggiano
  605 So. 2d 56· Fla.· 1992-07-09 ·cited 74×
  Florida's Supreme Court held that homestead property protected by Article X, Section 4 of the Florida Constitution cannot be forfeited under the Florida RICO Act, even when the property was used in criminal activity. The Court rejected a narrow, technical interpretation of the ho
• Davis v. Rosman Charles Dieujuste
  496 So. 2d 806· Fla.· 1986-10-16 ·cited 72×
  The Florida Supreme Court held that when a trial court has jurisdiction to adjudicate property rights in a dissolution proceeding, a final judgment of dissolution bars subsequent litigation over property rights that evolved during the marriage, even if not addressed in the origin
• Aldrich v. Aldrich
  163 So. 2d 276· Fla.· 1964-04-22 ·cited 72×
  The Florida Supreme Court answered certified questions from the U.S. Supreme Court regarding whether a divorce decree can bind a deceased husband's estate for alimony payments without his prior agreement. The court held that alimony obligations terminate at death unless the husba
• Holmes La Mar v. Lechlider
  135 Fla. 703· Fla.· 1939-01-03 ·cited 71×
  Holmes LaMar and his wife appeal a judgment granting the Lechliders a lien on their homestead property for valuable improvements made with LaMar's consent in exchange for an unspecified interest in the land. The Florida Supreme Court affirms, holding that an equitable lien for im
• Scott v. Kirtley
  113 Fla. 637· Fla.· 1933-12-06 ·cited 68×
  An attorney sued in equity to enforce an equitable lien on real estate recovered for his client when the client refused to pay his fees. The Florida Supreme Court held that courts of equity may imply and enforce an equitable lien for attorney's fees when services result in succes
• Home Dev. Co. OF ST. Petersburg, Inc. v. Bursani
  178 So. 2d 113· Fla.· 1965-07-14 ·cited 67×
  A dispute over the buyout of minority stockholders' shares in a homebuilding corporation where the parties entered into a stock purchase agreement and corporate charter provision allowing buyout at book or market value (whichever higher) in corporate assets. The Florida Supreme C
• Havoco OF Am., Ltd. v. Hill
  790 So. 2d 1018· Fla.· 2001-06-21 ·cited 64×
  The Florida Supreme Court held that Article X, Section 4 of the Florida Constitution exempts homestead property even when acquired with nonexempt funds with the specific intent to hinder, delay, or defraud creditors, answering a certified question from the Eleventh Circuit. The c
• In re Est. of Samuel Donner v. Anton
  364 So. 2d 742· Fla. 3d DCA· 1978-10-03 ·cited 62×
  This consolidated appeal arose from a probate dispute involving Samuel Donner's estate. Ruth Jean Donner, Donner's second wife, sought to enforce a settlement agreement requiring Donner to leave her a $1 million bequest and to enter an antenuptial agreement with any future spouse
• Welsh v. Welsh
  160 Fla. 380· Fla.· 1948-04-13 ·cited 59×
  In this 1948 Florida divorce case, the Supreme Court reversed a trial court's decree that awarded the wife a substantial portion of the husband's property and a lump sum settlement based on a theory that she had a special equity in his property due to her labor in his drug store
• Addison P. McKeown v. Collins
  38 Fla. 276· Fla.· 1896-06-01 ·cited 58×
  McKeown appeals a decree foreclosing a mortgage on Florida property, claiming title through a tax deed and a sheriff's deed. The Florida Supreme Court affirmed the foreclosure, holding that the tax deed was void due to defects in the tax assessment and that the sheriff's deed was
• In re Bialac v. Bialac
  712 F.2d 426· 9th Cir.· 1983-08-04 ·cited 56×
  A pre-foreclosure right to redeem collateral, even if held by a debtor with only a fractional interest, constitutes 'property of the estate' protected by the automatic stay under 11 U.S.C. § 362.
• Orel J. Myers v. Ernestine Matusek
  98 Fla. 1126· Fla.· 1929-12-28 ·cited 53×
  Dr. Bleil deposited $25,000 as a special trust deposit with Palm Beach Bank & Trust Company, which wrongfully commingled the funds with its general assets and failed to set aside promised securities as collateral. When the bank failed, the issue was whether the claim should be tr
• Hillman Constr. Corp. v. Wainer
  636 So. 2d 576· Fla. 4th DCA· 1994-05-11 ·cited 52×
  Hillman Construction Corporation sued the owner of commercial rental property for unjust enrichment after a tenant contractor's bankruptcy left improvements on the property unpaid. The trial court dismissed the unjust enrichment count, but the appellate court reversed, holding th
• In re Cochise Coll. Park, Inc. v. Perry
  703 F.2d 1339· 9th Cir.· 1983-03-11 ·cited 51×
  The court held that the bankruptcy court erred in granting summary judgment because the ownership of payments and the trustee's liability for misconduct depend on whether the land sale contracts were executory and when payments were made, issues requiring further factual determin
• Davis v. Davis
  123 So. 2d 377· Fla. 1st DCA· 1960-10-04 ·cited 50×
  In this partition suit, the Florida District Court of Appeal reversed a final decree entered on the pleadings, holding that the trial court erred by granting judgment on the pleadings before the defendant's counterclaim was answered, thereby failing to close the pleadings as requ
• Craven v. Hartley
  102 Fla. 282· Fla.· 1931-06-30 ·cited 50×
  The Florida Supreme Court affirmed that a loan used to complete the purchase of property cannot be exempted as homestead when the lender relied on an oral promise to secure a mortgage on the property. The court held that an equitable lien attaches to property purchased with borro
• Schmidt v. Maude C. Kibben and Edward Kibben
  100 Fla. 1684· Fla.· 1931-01-10 ·cited 50×
  The Florida Supreme Court affirmed the lower court's rejection of a demurrer to a bill of complaint filed by a married woman seeking to enforce a real estate sales contract against buyers who refused to perform and retained possession of the property. The court held that a marrie
• Willey v. W. J. Hoggson Corp.
  90 Fla. 343· Fla.· 1925-10-17 ·cited 50×
  The Florida Supreme Court dismissed an appeal brought by trustees and beneficiaries of a so-called "common law trust" challenging a prior foreclosure decree that resulted in the sale of valuable property. The Court held that the purported trust was actually a co-partnership that
• Craft v. Am. Agric. Chem. Co.
  81 Fla. 55· Fla.· 1921-01-18 ·cited 50×
  Julia Craft appeals a decree granting American Agricultural Chemical Company an equitable lien on her orange groves for fertilizer purchased by her husband. The Florida Supreme Court affirms, holding that a married woman who permits her husband to manage her separate property mak
• Ratta v. Ratta
  927 So. 2d 1055· Fla. 4th DCA· 2006-05-10 ·cited 48×
  James Della Ratta appeals the dismissal of his complaint against his mother and stepfather for unjust enrichment and equitable lien. The Fourth District reversed, holding that the complaint adequately stated both causes of action despite the family relationship between the partie
• Wilkerson v. Wilkerson
  179 So. 2d 592· Fla. 2d DCA· 1965-10-14 ·cited 48×
  In this divorce appeal, the Florida District Court of Appeal affirmed the trial court's award of divorce and child custody to the husband but reversed portions regarding property division and attorney fees. The court held that jointly owned property held as tenancy by the entiret
• Tallahassee Variety Works v. Brown
  106 Fla. 599· Fla.· 1932-01-08 ·cited 47×
  The Florida Supreme Court reversed a lower court dismissal of a materialman's claim against a married woman's separate property, holding that constitutional provisions allow a woman's separate property to be charged in equity for materials furnished in construction with her knowl
• S.S. Silberblatt, Inc. v. E. Harlem Pilot Block-Building 1 Hous. Dev. Fund Co., Inc.
  608 F.2d 28· 2d Cir.· 1979-10-01 ·cited 46×
  The court held that a general contractor may pursue a quantum meruit claim against HUD for unjust enrichment, even if the contract was not completed, and that the Secretary's right to use undisbursed funds for completion does not preclude this claim.
• Ralph I. Selby in Bankr. for the Frimberger Corp. v. Ford Motor Co.
  590 F.2d 642· 6th Cir.· 1979-01-11 ·cited 46×
  Payments made to subcontractors from construction funds, even within four months of bankruptcy, are not preferential transfers if the funds are impressed with a statutory trust under state law, because the contractor has insufficient beneficial interest to constitute 'property' u
• The Nat'l Exhibition Co. v. Ball
  139 So. 2d 489· Fla. 2d DCA· 1962-03-30 ·cited 46×
  National Exhibition Company contracted to purchase the Mayfair Inn from Ball and deposited $30,000 in escrow. When Ball failed to furnish an abstract of title or title insurance commitment by the contractual deadline of September 26, 1960, National sought a summary decree establi
• McKinnon v. Johnson
  54 Fla. 538· Fla.· 1907-06-01 ·cited 46×
  This case involves a dispute over a land sale contract where the vendor, McKinnon, sued the estate of the deceased vendee, Johnson, for the balance due and to enforce a vendor's lien. The court affirmed the dismissal of McKinnon's bill of complaint, finding it insufficient to est
• Green v. Putnam
  93 So. 2d 378· Fla.· 1957-03-06 ·cited 45×
  Green, a construction supervisor, sued Putnam seeking either a mechanic's lien or equitable lien for services rendered and money advanced in constructing a residence on Putnam's land under an alleged profit-sharing oral agreement. The trial court dismissed the complaint, finding
• Gables Racing Assoc., Inc. v. Persky
  148 Fla. 627· Fla.· 1940-10-25 ·cited 45×
  The Florida Supreme Court affirmed a decree enforcing an equitable mortgage lien against Gables Racing Association for $15,000 owed to Robert Persky, finding that the chancellor correctly admitted conflicting evidence and properly determined factual issues on behalf of the lender
• Bor-Son Bldg. Corp. v. Heller
  572 F.2d 174· 8th Cir.· 1978-03-08 ·cited 44×
  The court held that the Secretary of HUD may be sued under 12 U.S.C. § 1702 when claims arise from acts performed in carrying out the National Housing Act.
• Smith v. Grimm
  534 F.2d 1346· 9th Cir.· 1976-04-13 ·cited 44×
  The court held that there was no valid federal jurisdictional basis for the lawsuit, as the dispute was primarily a state law contract issue and not a substantial federal question or a proper case for mandamus.
• Moss v. Sperry
  140 Fla. 301· Fla.· 1939-10-17 ·cited 44×
  A real estate broker sued to enforce an equitable lien against property and proceeds arising from a sale he facilitated, where he claimed the vendor and purchaser conspired to avoid paying his commission. The Florida Supreme Court reversed the circuit court's dismissal and held t
• Special Tax Sch. Dist. No. 1 of Orange Cnty. v. Hillman
  131 Fla. 725· Fla.· 1938-03-08 ·cited 44×
  The court held that sellers of land to a school district trustees can enforce an equitable lien for the unpaid purchase price, even though the trustees executed void notes and mortgage, because the sale was completed and the district improperly enriched itself. The court rejected
• Leesburg State Bank v. Lyle
  99 Fla. 535· Fla.· 1930-03-12 ·cited 44×
  The Florida Supreme Court affirmed a decree in an equity suit seeking cancellation of an executory real estate contract, an accounting, return of purchase money paid, and a lien against the property. The court held that equity jurisdiction was proper because the complaint sought
• Stanislaw Matajek v. Leokadia Skowronska
  927 So. 2d 981· Fla. 5th DCA· 2006-03-31 ·cited 43×
  In this dissolution of marriage case, the appellate court partially affirmed and partially reversed the trial court's equitable distribution of marital assets, award of permanent periodic alimony, and determination of attorney's fees. The court found that the trial court lacked j
• Holland v. State
  15 Fla. 455· Fla.· 1876-01-01 ·cited 43×
  The Florida Supreme Court affirmed a lower court's decision to sustain a demurrer, holding that a purchaser of railroad property at an execution sale (Holland) took the property subject to prior equitable liens, even if the sale itself was valid. The court found that the State he
• Avalon Assocs. OF Del. Ltd. v. Avalon Park Assocs., Inc.
  760 So. 2d 1132· Fla. 5th DCA· 2000-07-07 ·cited 42×
  This certiorari case addresses whether a party can file and maintain a lis pendens against real property without posting a bond when the underlying lawsuit is based on an unrecorded development agreement, even though the party filed a consensual lien based on that agreement. The