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

• Randazzo v. Randazzo
  980 So. 2d 1210· Fla. 3d DCA· 2008-04-30 ·cited 6×
  Elena Randazzo appeals the trial court's order imposing an equitable lien on her homestead property for her failure to pay $190,000 in equitable distribution to her former husband as required by their marital settlement agreement. The court affirmed, holding that egregious conduc
• Fla. W. Realty P'rs, LLC v. MDG Lake Trafford, LLC
  975 So. 2d 479· Fla. 2d DCA· 2007-07-11 ·cited 6×
  Florida West Realty Partners sought certiorari review of a trial court's denial of its motion to extend a notice of lis pendens on real property. The appellate court held that while a fair nexus between the property and the lawsuit is necessary to maintain a lis pendens, it does
• Demosthenes v. Girard
  955 So. 2d 1189· Fla. 3d DCA· 2007-05-02 ·cited 6×
  Demosthenes appeals a summary judgment denying her claims to an interest in a condominium unit purchased by Girard, which was later sold to Fernandez and Tamayo without acknowledging her interest. The court reversed the summary judgment on her constructive trust claim, finding sh
• Lowe v. Lowe
  948 So. 2d 836· Fla. 4th DCA· 2007-01-24 ·cited 6×
  The appellate court partially reversed an order in post-dissolution proceedings, finding that the trial court erred in failing to determine the former husband's present ability to pay the purge amount set in a civil contempt order, but affirmed the calculation of alimony arrearag
• Becklund v. Fleming
  869 So. 2d 1· Fla. 2d DCA· 2003-10-10 ·cited 6×
  This case involves a creditor's attempt to recover an unpaid promissory note from a decedent's revocable trust and trustee. The trial court dismissed all claims, but the appellate court reversed in part, finding that the creditor may have timely served a claim on the trustee with
• Pegram v. Pegram
  821 So. 2d 1264· Fla. 2d DCA· 2002-08-02 ·cited 6×
  Dianne Fay sought to enforce an equitable lien on property owned by her former husband William Pegram to collect domesticated New Mexico judgments for unpaid alimony and attorney's fees. The court affirmed the denial of her motion to enforce an equitable lien, holding that she fa
• Levine v. Fed. Deposit Ins. Corp. for First Am. Bank & Tr.
  651 So. 2d 134· Fla. 4th DCA· 1995-02-15 ·cited 6×
  The Levines appealed a judgment allowing the FDIC to repudiate a 1987 deed-in-lieu-of-foreclosure agreement under FIRREA's repudiation provision. The court reversed, holding that FIRREA's repudiation power cannot be applied retroactively to contracts entered before the statute's
• Original Appalachian Artworks, Inc. v. S. Diamond Assocs., Inc.
  911 F.2d 1548· 11th Cir.· 1990-09-18 ·cited 6×
  The court held that an exclusive licensee may be entitled to a proportion of a settlement recovered by the licensor for copyright infringement, even if the licensor retained the right to sue, if the licensee suffered injury from the infringing conduct.
• C & L Trucking v. Nola June Corbitt
  546 So. 2d 1185· Fla. 5th DCA· 1989-08-03 ·cited 6×
  The court held that the plaintiffs' failure to notify the worker's compensation carrier of the wrongful death suit barred their defense based on the carrier's alleged non-compliance with statutory notice requirements.
• In re Delbert Dean Borman and Deryl Jane Borman v. Leiker
  886 F.2d 273· 10th Cir.· 1989-07-27 ·cited 6×
  The court held that the former wife's lien on the homestead property was not avoidable in bankruptcy because the divorce decree intended the property to secure the debt owed to her.
• In re Shearn Moody, Jr. v. Shearn Moody, Jr.
  862 F.2d 1194· 5th Cir.· 1989-01-12 ·cited 6×
  A debtor's fraudulent conveyances do not extinguish homestead rights under Texas law if the debtor never intended to abandon the homestead. The Texas Property Code limits a single adult's rural homestead to 100 acres.
• ATC Petroleum, Inc. v. Sanders
  860 F.2d 1104· D.C. Cir.· 1988-11-04 ·cited 6×
  The court held that equitable estoppel does not lie against the SBA for assurances made by its officials that were contrary to law or regulation, but reversed summary judgment on unjust enrichment claims, finding sufficient facts alleged to preclude summary judgment.
• Musi v. VAN Kirk & Sons, Inc.
  528 So. 2d 413· Fla. 4th DCA· 1988-06-08 ·cited 6×
• Pavex Corp. v. Broward Cnty. Bd. of Cnty. Comm'rs
  498 So. 2d 1317· Fla. 4th DCA· 1986-11-26 ·cited 6×
  A subcontractor cannot assert an equitable lien against public funds owed to a contractor when the surety is insolvent, as this is an impermissible garnishment of public funds without statutory authority.
• Pinewood Plumbing Supply, Inc. v. Centennial Constr., Inc.
  489 So. 2d 216· Fla. 3d DCA· 1986-06-03 ·cited 6×
  Pinewood Plumbing Supply sued prime contractor Centennial Construction for nonpayment after its subcontractor failed to pay, but Pinewood did not comply with statutory notice requirements under Florida's mechanics lien statute. The court affirmed summary judgment against Pinewood
• BAY Place Dev. Corp. v. Ellis First Nat'l Bank OF W. Pasco, N.A.
  465 So. 2d 628· Fla. 2d DCA· 1985-03-20 ·cited 6×
  The court held that an order denying a motion to dismiss an equitable lien claim is not a proper interlocutory appeal, but the portion of the order continuing a notice of lis pendens is reviewable by certiorari.
• United States v. Altman
  750 F.2d 684· 8th Cir.· 1984-12-17 ·cited 6×
  The court held that the district court had the authority to approve or disapprove the foreclosure settlement agreement under Federal Rules of Civil Procedure 66 and 41, and that its injunction of the settlement's consummation was proper.
• Se. Reg'l Constr. Corp. v. Leadership Hous. Sys. OF Fla., Inc.
  454 So. 2d 613· Fla. 4th DCA· 1984-07-05 ·cited 6×
• Angeles Real Est. Co. v. Kerxton
  737 F.2d 416· 4th Cir.· 1984-06-20 ·cited 6×
  The court held that an assignment of a portion of a note's proceeds, even if not recorded, creates a legal or equitable interest superior to a bankruptcy trustee's lien creditor status under Maryland law.
• Labato v. Labato
  433 So. 2d 620· Fla. 4th DCA· 1983-06-22 ·cited 6×
  In a marital dissolution case, the trial court impressed an equitable lien on the marital home in favor of the wife's parents to secure loans they had made to the parties. The appellate court reversed this portion of the judgment, holding that trial courts lack jurisdiction to ad
• Holt v. Boozel
  394 So. 2d 226· Fla. 5th DCA· 1981-02-25 ·cited 6×
  Holt, a judgment creditor of James Boozel, appeals a summary judgment quieting title to real property in Sandra Boozel following the Boozels' dissolution. The court holds that Holt's judgment lien did not attach to the property because the dissolution judgment awarded Sandra a sp
• Home Ins. Co. ex rel. White's Imports, Inc. v. Lamon H. Small
  389 So. 2d 1255· Fla. 1st DCA· 1980-11-17 ·cited 6×
  Home Insurance Company, as subrogee of White's Imports, sought replevin of a stolen automobile that was eventually purchased by Lamon Small through a chain of title originating from an illegal acquisition. The trial court denied the replevin action based on estoppel, but the appe
• In re E. Freight Ways, Inc. v. Seaboard Sur. Co.
  577 F.2d 175· 2d Cir.· 1978-05-25 ·cited 6×
  A surety is not entitled to setoffs against bankrupt's debtors until it exhausts its recourse from a letter of credit collateralizing its obligations, and the bankruptcy court has jurisdiction to determine the allocation of those proceeds.
• Giffen Indus. OF Jacksonville, Inc. v. Se. Assocs., Inc.
  357 So. 2d 217· Fla. 1st DCA· 1978-03-28 ·cited 6×
  Giffen Industries, a roofing subcontractor, sought to enforce a mechanic's lien and equitable lien against real property foreclosed by Great American Mortgage Investors (GAMI). The court held that GAMI's notice of lis pendens barred Giffen's mechanic's lien since it was not recor
• Speaker Sortation Sys. v. United States Postal Serv.
  568 F.2d 46· 7th Cir.· 1978-01-06 ·cited 6×
  The court held that the United States Postal Service was collaterally estopped from relitigating the existence of a fund to which an equitable lien could attach, as this issue was fully litigated in a prior case involving another subcontractor.
• VIC Tanny OF Fla., Inc. v. Fred McGILVRAY, Inc.
  348 So. 2d 648· Fla. 3d DCA· 1977-08-02 ·cited 6×
  Fred McGilvray, a mechanical subcontractor, sought to foreclose a mechanic's lien for unpaid work at a Vic Tanny Health Club. The trial court foreclosed the mechanic's lien and imposed an equitable lien against the defendants. The appellate court reversed, holding that the mechan
• Ind. Mortg. & Realty Invs. v. Peacock Constr. Co.
  348 So. 2d 59· Fla. 2d DCA· 1977-07-13 ·cited 6×
  A mortgage lender appealed a judgment awarding a construction contractor an equitable lien superior to the mortgage based on an alleged telephone conversation. The court reversed, holding that a casual statement about available loan funds does not constitute the affirmative decep
• In re Good Deal Supermarkets, Inc. v. Great Am. Ins. Co. & Titan Supermarket Assocs.
  528 F.2d 710· 3d Cir.· 1975-12-31 ·cited 6×
  The court held that it lacked appellate jurisdiction because the district court's order was not a final appealable order under 28 U.S.C. § 1291, as it did not resolve all claims as to all parties and lacked Rule 54(b) certification.
• The Permian Corp. v. Armco Steel Corp.
  508 F.2d 68· 10th Cir.· 1974-12-19 ·cited 6×
  A mechanic's lien, properly perfected by notice to the proceeds purchaser, has priority over subsequent general judgment creditor garnishments, even if the lien has been reduced to judgment.
• Hall's Miscellaneous Ironworks, Inc. v. ALL S. Inv. Co., Inc.
  283 So. 2d 372· Fla. 1st DCA· 1973-10-04 ·cited 6×
  Hall's Miscellaneous Ironworks sought review of an order dismissing its counterclaim against All Southern Investment Company in a mortgage foreclosure action. The court affirmed the dismissal, holding that while Hall's might establish an equitable lien for materials supplied to i
• Primato v. Primato
  274 So. 2d 568· Fla. 3d DCA· 1973-03-13 ·cited 6×
  In this Florida family law appeal, the wife challenged the adequacy of child support and rehabilitative alimony awards in a dissolution of marriage decree. The appellate court affirmed the child support award but found the alimony amount ($15/week for one year) was an abuse of di
• Stevens v. Crowder
  273 So. 2d 793· Fla. 3d DCA· 1973-02-27 ·cited 6×
  Crowder claimed an equitable lien on a duplex property for improvements he made in good faith while holding an unrecorded deed, after the property owners conveyed it to a third party who recorded their deed. The court affirmed an award of $1,290 in damages for beneficial improvem
• Nacirema Operating Co., Inc. v. Oosting
  456 F.2d 956· 4th Cir.· 1972-03-16 ·cited 6×
  The court held that an employer's credit against future compensation payments is calculated based on the employee's net recovery after deducting attorney fees and expenses from a third-party settlement.
• Port Carlos Trailer Park, Inc. v. Warren Bros. Co.
  240 So. 2d 165· Fla. 2d DCA· 1970-10-21 ·cited 6×
  Port Carlos Trailer Park appeals the denial of a motion to dismiss in a contract dispute with Warren Brothers Company over alleged improvements to its land. The court affirms, holding that an appellate court is not the proper forum to refine pleadings and that the complaint state
• Goldberg v. Banner Supply Co.
  230 So. 2d 714· Fla. 3d DCA· 1970-01-27 ·cited 6×
  A materialman is not entitled to an equitable lien merely because materials were incorporated into an improvement if they fail to perfect their statutory lien, absent special and peculiar equities.
• Phillips Petroleum Co. & Fred Howland, Inc. v. The Schun Co.
  222 So. 2d 491· Fla. 4th DCA· 1969-04-30 ·cited 6×
  Phillips Petroleum and Fred Howland appealed an order denying their motion to dismiss an amended complaint seeking an equitable lien on real property. The court reversed, holding that the amended complaint failed to allege the ultimate facts necessary to establish an equitable li
• Fine v. Crane Co.
  211 So. 2d 219· Fla. 3d DCA· 1968-05-07 ·cited 6×
  Crane Co., a material supplier, appealed a summary judgment in its favor regarding a mechanic's lien foreclosure action against the owners and other defendants in a construction project. The court reversed the judgment, holding that Crane Co. failed to comply with statutory notic
• Martin v. Ladd J. Allen
  200 So. 2d 243· Fla. 3d DCA· 1967-06-20 ·cited 6×
  A broker cannot recover for services unless performed at the express or implied request of the alleged employer, even if the owner finds a buyer through the broker's information.
• Carman v. Gunn
  198 So. 2d 76· Fla. 2d DCA· 1967-04-05 ·cited 6×
  A contract for the sale of stock in a closely-held corporation is subject to specific performance under appropriate circumstances, even though the corporation's primary asset is real estate and the contract does not legally describe the real property. An agreement to sell corpora
• In re Fleetwood Motel Corp.
  335 F.2d 863· 3d Cir.· 1964-08-06 ·cited 6×
  A lease provision requiring a tenant to construct improvements, coupled with the landlord's active participation and benefit from the construction, constitutes written consent to bind the landlord's land under the New Jersey Mechanics' Lien Law. Extras performed pursuant to the c
• Sanitary Sys., Inc. v. Am. Sur. Co. OF NEW York
  331 F.2d 438· 8th Cir.· 1964-05-08 ·cited 6×
  The court held that the trial court's finding of abandonment was supported by substantial evidence and not clearly erroneous, and that the engineer's certification of abandonment was valid.
• Union Tr. Co. OF ST. Petersburg v. Emphrosina Wittmann
  145 So. 2d 540· Fla. 2d DCA· 1962-10-12 ·cited 6×
  The court held that the plaintiff's complaint stated a claim cognizable in equity for an equitable lien, and thus should not have been dismissed.
• Mrs. Brynia Bird and Mrs. Ethel Gold v. Stein
  258 F.2d 168· 5th Cir.· 1958-06-30 ·cited 6×
  The court held that the trial court's findings that the trust estate consisted solely of Little Hope Plantation and that no resulting trust was created were not clearly erroneous.
• Desser v. George T. Goggin in Bankr. of Stockholders Publ'g Co., Inc.
  240 F.2d 84· 9th Cir.· 1957-01-08 ·cited 6×
  Attorneys who held funds for a bankrupt company, without a beneficial interest in the funds, cannot set off their pre-bankruptcy expenses against those funds.
• Cohen v. Wasserman
  238 F.2d 683· 1st Cir.· 1956-12-05 ·cited 6×
  A mesne process attachment in Massachusetts creates a valid lien that, when property is taken by eminent domain, transforms into an equitable lien enforceable against the condemnation award proceeds, even if judgment is obtained after the taking.
• A. v. Falcone and R. K. Millstein
  235 F.2d 860· D.C. Cir.· 1956-07-05 ·cited 6×
  Attorneys with a contingent fee agreement have an equitable lien on a judgment and may sue in their own name to enforce it if the client refuses to do so.
• Colonial Tr. Co. v. George Goggin in Bankr. of the Est. of Intercontinental Airways, Inc.
  230 F.2d 634· 9th Cir.· 1955-09-14 ·cited 6×
  A bankruptcy court cannot create an equitable lien for work performed on property without the owner's consent, overriding state law and statutory limitations.
• Mulhern v. Albin
  163 F.2d 41· 8th Cir.· 1947-07-07 ·cited 6×
  The court held that an equitable lien established by a state court decree, even if rendered within four months of bankruptcy, is valid and must be recognized in bankruptcy proceedings if it predates the four-month period.
• Underwood v. Phillips Petroleum Co.
  155 F.2d 372· 10th Cir.· 1946-05-13 ·cited 6×
  The court held that all claimants, except for the secured creditor Dye, should share the remaining fund pro rata, as their equitable liens arose simultaneously upon the creation of the fund in Oklahoma.
• Springer v. J. R. Clark Co.
  138 F.2d 722· 8th Cir.· 1943-11-09 ·cited 6×
  The court held that the arrangement constituted an irrevocable equitable assignment of royalties to the plaintiff, enforceable against the defendant licensee.