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

• Michael del Balso, Inc. v. Carozza
  136 F.2d 280· D.C. Cir.· 1943-06-21 ·cited 6×
  The court held that the trial court did not err in awarding damages on a quantum meruit basis when the defendant breached the contract by wrongfully terminating the plaintiff's employment.
• Commonwealth Tr. Co. of Pittsburgh v. Reconstr. Fin. Corp.
  120 F.2d 254· 3d Cir.· 1941-04-24 ·cited 6×
  A pledge of future goods is valid against third parties if possession is delivered promptly upon production, considering the nature of the property and transaction.
• Patton v. Meddick
  97 Fla. 1073· Fla.· 1929-06-04 ·cited 6×
  This case concerns a vendor's lien for unpaid purchase price of land. The court affirmed the lower court's decision to overrule a demurrer, finding that the vendor had not waived their lien despite various agreements and promises made by the purchaser.
• Crawford v. Fed. Nat'l Mortg. Ass'n
  266 So. 3d 1274· Fla. 5th DCA· 2019-03-22 ·cited 5×
  A mortgage foreclosure cannot be enforced against homestead property when the non-record-owner spouse did not execute the mortgage, but an equitable lien may be imposed for funds used to satisfy prior mortgages to the extent they benefited the homestead, excluding cash disburseme
• Nieto Villamizar v. Luna Cap. P'rs
  43 Fla. L. Weekly D900· Fla. 3d DCA· 2018-10-24 ·cited 5×
  An unrelated buyer who purchases property at arm's length and for reasonably equivalent value is not liable in proceedings supplementary, even if aware of the seller's unsecured debts, absent evidence of actual intent to hinder, delay, or defraud creditors or that the transaction
• Mesnikoff v. Fq Backyard Trading, LLC
  239 So. 3d 765· Fla. 3d DCA· 2018-03-07 ·cited 5×
  A county court lacked subject matter jurisdiction to enter a final judgment of eviction because the plaintiff's sole pleaded count was ejectment under § 66.021, which falls within the exclusive jurisdiction of circuit courts, and when the plaintiff voluntarily dismissed that coun
• JAX Utils. Mgmt., Inc. v. Hancock Bank
  164 So. 3d 1266· Fla. 1st DCA· 2015-06-11 ·cited 5×
  Jax Utilities Management challenged a summary judgment in favor of Hancock Bank, arguing the trial court erred in applying a one-year statute of limitations to bar its equitable lien claim and in finding that Florida's Construction Lien Law precluded common law claims for equitab
• Bank OF Am. v. Bank OF Salem & Mace David Howell, III
  48 So. 3d 155· Fla. 1st DCA· 2010-11-22 ·cited 5×
  Bank of Salem sought a constructive trust on proceeds from the sale of a condominium that Bank of America recovered through an Arkansas judgment against the Howell Estate. The trial court granted Bank of Salem's motion, but the appellate court reversed, holding that neither bank
• Richman Greer Weil Brumbaugh Mirabito & Christensen, P.A. v. Chernak
  991 So. 2d 875· Fla. 4th DCA· 2008-03-12 ·cited 5×
  A law firm appeals the trial court's order striking its motion to enforce a charging lien against settlement proceeds derived from arbitration rather than from the dismissed original lawsuit. The court holds that a charging lien may be litigated in the original action where the a
• Roxann Peterson v. Therma Builders, Inc.
  958 So. 2d 977· Fla. 2d DCA· 2007-05-18 ·cited 5×
  Peterson appeals a summary judgment finding her civilly liable to Therma Builders for fraud-related claims and awarding $124,382.50 in damages, based on her criminal conviction for scheming to defraud. The court affirms liability but reverses and remands the damages calculation d
• Carran v. Morgan
  510 F. Supp. 2d 1053· S.D. Fla.· 2007-02-26 ·cited 5×
  The court denied most of the defendant's motions to dismiss, finding claims adequately pleaded and jurisdiction proper, but dismissed one count with leave to amend and referred the lis pendens issue for an evidentiary hearing.
• Stewart v. Julana Dev. Corp.
  678 So. 2d 1385· Fla. 3d DCA· 1996-09-11 ·cited 5×
  Plaintiffs appealed a trial court's order that vacated a default judgment and quashed service of process on defendants in a breach of contract action. The Third District Court of Appeal reversed, holding that the complaint contained sufficient jurisdictional facts under Florida's
• Fed. Deposit Ins. Corp. v. KEY Biscayne Dev. Ass'n
  858 F.2d 670· 11th Cir.· 1988-10-25 ·cited 5×
• Royal Ambassador Condo. Ass'n, Inc. v. E. Coast Supply Corp.
  495 So. 2d 932· Fla. 4th DCA· 1986-09-10 ·cited 5×
  Royal Ambassador Condominium Association appealed a summary judgment awarding East Coast Supply Corp. a mechanic's lien on condominium property for roofing materials. The court held that while East Coast's lien description was overbroad, it could be enforced against individual un
• J.R. Fenton, Inc. v. Gallery 600, Inc.
  488 So. 2d 587· Fla. 2d DCA· 1986-05-02 ·cited 5×
  J.R. Fenton, Inc. appealed the trial court's denial of its mechanic's lien claim against Gallery 600, Inc. (Frame Factory) and its owners, the Barneburgs, for work on a parking lot. The court reversed, holding that the initial lien claim substantially complied with statutory requ
• United States v. Herring
  750 F.2d 669· 8th Cir.· 1984-12-14 ·cited 5×
  The court held that while the government acquired indefeasible title to the property upon filing the declaration of taking, the landowner retains an equitable lien for just compensation due to inadequate notice, which can be determined in the current proceedings.
• Combs v. ST. Joe Papermakers Fed. Credit Union
  383 So. 2d 298· Fla. 1st DCA· 1980-05-07 ·cited 5×
  The appellate court affirmed a trial court's judgment denying a mechanic's lien foreclosure but reversed the denial of interest on the amount owed to the subcontractor.
• Morrison Flying Serv. v. Deming Nat'l Bank
  404 F.2d 856· 5th Cir.· 1968-05-17 ·cited 5×
  The court held that Morrison's performance of its contract with Cisco constituted sufficient consideration for the Bank's promise to pay Morrison, establishing an equitable lien that had priority over the government's tax liens.
• Am. Sur. Co. OF NEW York v. Murphy
  152 Fla. 862· Fla.· 1943-05-04 ·cited 5×
  American Surety Company sought specific performance and equitable remedies against the Murphy estate after failing to file a probate claim within the statutory deadline. The Florida Supreme Court affirmed dismissal, holding that where an adequate legal remedy exists, equity will
• Dickinson v. Rinke
  132 F.2d 805· 2d Cir.· 1943-01-19 ·cited 5×
  The court held that the trial judge erred in dismissing the complaint, finding sufficient evidence of an agreement between Dickinson and Lloyd for the division of promotion stock.
• Suarez Trucking FL Corp. v. Souders
  311 So. 3d 263· Fla. 2d DCA· 2020-10-28 ·cited 4×
  The appellate court affirmed the trial court's denial of a motion to enforce a settlement agreement. The court held that the defendant's attempt to pay the settlement amount to the plaintiff, the plaintiff's attorneys, and the plaintiff's workers' compensation carrier did not con
• Credo LLC v. Speyside Invs. Corp.
  259 So. 3d 893· Fla. 3d DCA· 2018-08-15 ·cited 4×
  An injunction requiring deposit of funds into the court registry is proper where the funds are clearly identifiable, were never the property of the enjoined party, belong to either the plaintiff or a third party, and were intended for a specific purpose in a foreclosure action. T
• Nobe BAY Holdings, LLC v. Lazaro Miguel Garcia, M.D.
  140 So. 3d 693· Fla. 3d DCA· 2014-06-11 ·cited 4×
  The court held that the trial court erred in denying the motion to dissolve the lis pendens and in requiring a bond, as the plaintiff failed to establish a nexus between the lawsuit and the property.
• Fernandez-Fox v. Reyes
  79 So. 3d 895· Fla. 5th DCA· 2012-02-17 ·cited 4×
  Roberta Fernandez-Fox appeals a final judgment in a partition action, challenging the trial court's decision to award attorney's fees only to the opposing party (Mark Reyes) and not to herself. The Fifth District Court of Appeal reverses the attorney's fee award, holding that bot
• Tetrault v. Calkins
  79 So. 3d 213· Fla. 2d DCA· 2012-02-15 ·cited 4×
  The court held that a lis pendens was not authorized because the plaintiffs' action, based on deed restrictions, did not affect title to or right of possession of the subject property.
• Jackson-Jester v. Abdul Q. Aziz & Coral Springs Restoration Grp., Inc.
  48 So. 3d 88· Fla. 2d DCA· 2010-10-22 ·cited 4×
  Property owners Jackson-Jester appealed a trial court's entry of an equitable lien against their real property in favor of Coral Springs Restoration Group (CSRG) based on unjust enrichment, and the subsequent foreclosure of that lien. The appellate court reversed, holding that ge
• CTX Mortg. Co., LLC v. Advantage Builders OF Am., Inc.
  47 So. 3d 844· Fla. 2d DCA· 2010-10-01 ·cited 4×
  CTX Mortgage Company appealed a trial court judgment awarding Advantage Builders an equitable lien on undisbursed construction funds. The appellate court reversed, holding that the builder failed to establish unjust enrichment because the parties' written agreement authorized the
• MCZ/Centrum Flamingo I, LLC v. Aimco/Bethesda Holdings, Inc.
  988 So. 2d 89· Fla. 3d DCA· 2008-07-16 ·cited 4×
  MCZ/Centrum Flamingo I sought certiorari review of an order denying its motion to dissolve a lis pendens recorded by AIMCO/Bethesda Holdings. The court granted the petition, holding that AIMCO lacked a valid basis for the lis pendens because the underlying contract evidenced no i
• Romero v. Aurora Romero
  959 So. 2d 333· Fla. 3d DCA· 2007-05-23 ·cited 4×
  In this family law appeal, the former wife sought relief from a final dissolution judgment by requesting a constructive trust on stock options the former husband allegedly failed to disclose in his financial affidavit. The court reversed, holding that while the stock options were
• Partridge v. Partridge
  940 So. 2d 611· Fla. 4th DCA· 2006-11-01 ·cited 4×
  A widow appeals an order requiring her to vacate a home owned by her deceased husband, arguing the family court lacked personal jurisdiction over her. The court agrees and reverses, holding that the widow was not properly served and was entitled to due process protections before
• Summit Claims Mgmt., Inc. v. Lawyers Express Trucking, Inc.
  913 So. 2d 1182· Fla. 4th DCA· 2005-10-12 ·cited 4×
  A workers' compensation insurance carrier that fails to seek its statutory lien in accordance with statutory notice requirements, despite having actual knowledge of the tort proceedings, is not entitled to an equitable lien.
• Mireya Prio v. Barouh
  834 So. 2d 263· Fla. 3d DCA· 2002-11-27 ·cited 4×
  The former wife appeals an order adjusting the former husband's financial obligations post-dissolution, specifically concerning his failure to meet property and trust obligations and child support, which resulted in significant arrearages and the wife having to cover these costs.
• McLANE v. Musick
  792 So. 2d 702· Fla. 5th DCA· 2001-08-31 ·cited 4×
  Howard McLane appeals a summary judgment denying all claims against the estate of Loretta Monroe, with whom he cohabited for years under an alleged mutual understanding that they would marry and execute wills in each other's favor. The court affirms the denial of claims for perso
• Aryeh Trading v. Trimfast Grp., Inc.
  778 So. 2d 336· Fla. 2d DCA· 2000-12-29 ·cited 4×
  The court held that a trial court departs from the essential requirements of law by dissolving a lis pendens solely because it is not founded on a recorded instrument.
• BAY Cnty. Sheriff's Off. v. Tyndall Fed. Credit Union (Tfcu)
  738 So. 2d 456· Fla. 1st DCA· 1999-07-27 ·cited 4×
  The Bay County Sheriff's Office seized a vehicle used in a felony and claimed ownership free of a lien asserted by Tyndall Federal Credit Union. The court held that Tyndall's lien was not properly perfected prior to seizure because the lien notice was never actually filed with th
• Denison v. Gertrude W. Denison
  658 So. 2d 581· Fla. 4th DCA· 1995-07-05 ·cited 4×
  A Florida court lacks subject matter jurisdiction to determine rights and order remedies concerning real property located in Michigan, as such matters are governed by Michigan law and require action within that state.
• Sipes v. Gen. Dev. Corp. (In Re Gen. Dev. Corp.)
  177 B.R. 1000· S.D. Fla.· 1995-01-27 ·cited 4×
  The court affirmed the Bankruptcy Court's order, holding that the Sipes were not denied due process and that their homesite purchase agreement was an executory contract subject to rejection under the Bankruptcy Code.
• In re Masvidal v. Tavormina
  10 F.3d 761· 11th Cir.· 1993-12-30 ·cited 4×
  Continental National Bank and Ocean Bank obtained judgments against a debtor and served writs of garnishment on Hamilton Bank to satisfy those judgments from funds the debtor held there. The Eleventh Circuit held that mere service of a writ of garnishment does not create a lien u
• Finkelstein v. Finkelstein
  603 So. 2d 715· Fla. 4th DCA· 1992-08-26 ·cited 4×
  The court held that the trial court erred in discharging a notice of lis pendens because the moving party failed to meet the burden of proving that the notice was inappropriate.
• In re Kroner
  953 F.2d 317· 7th Cir.· 1992-01-08 ·cited 4×
  The court held that a trustee waived the argument that a prior core proceeding judgment could not preclude a subsequent non-core proceeding by failing to raise it in the bankruptcy and district courts. Furthermore, consent to the bankruptcy court's jurisdiction over a non-core pr
• Southmark Corp. v. Cagan
  950 F.2d 416· 7th Cir.· 1991-12-06 ·cited 4×
  The court held that the denial of both intervention as of right and permissive intervention was proper because the appellant failed to meet the requirements for timeliness, potential impairment, and adequate representation, and permissive intervention would unduly delay the proce
• Chicago Title Ins. Co. v. CV Reit, Inc.
  588 So. 2d 1075· Fla. 4th DCA· 1991-11-13 ·cited 4×
  The appellate court reversed a lower court's decision, finding that a title insurance company did not have a duty to defend its insured against a lawsuit. The court determined that the underlying complaint's allegations did not trigger coverage under the title insurance policy.
• In re Goldberg v. NEW Jersey Lawyers' Fund FOR Client Prot. & Chicago Title Ins. Co. Chicago Title Ins. Co.
  932 F.2d 273· 3d Cir.· 1991-05-08 ·cited 4×
  The court held that the Client Protection Fund should not be the sole recipient of the attorney's trust account proceeds, and that Chicago Title is also an appropriate recipient.
• FRY v. J.E. Jones Constr. Co.
  567 So. 2d 901· Fla. 5th DCA· 1990-08-23 ·cited 4×
  The Frys purchased a lot in a residential subdivision after being told by a sales agent that it was a waterfront lot with lake access, but discovered after signing that the lot was 100 feet from the lake with a conservation tract between them and the water. The court reversed the
• Troiano v. Troiano
  549 So. 2d 1053· Fla. 5th DCA· 1989-09-07 ·cited 4×
  A husband appeals a final judgment in a dissolution of marriage case where the trial court reformed a deed to Lake County property from joint tenancy to tenancy in common and granted his mother-in-law an equitable lien. The appellate court affirmed the deed reformation but revers
• Lake Placid Holding Co. v. Elissa Landi Paparone
  508 So. 2d 372· Fla. 2d DCA· 1987-02-27 ·cited 4×
  This case involves a real estate broker's claim for commission arising from a complex land transaction. The court reversed punitive damages awards against Lake Placid Holding Company and August Tobler, holding that breach of a broker's commission contract, without an independent
• Oolite Indus., Inc. v. Millman Constr. Co., Inc.
  501 So. 2d 655· Fla. 3d DCA· 1987-01-06 ·cited 4×
  Oolite Industries, a materialman to a subcontractor, sought to perfect a mechanic's lien against a payment bond for fabricated materials. The court held that materialmen must file a 45-day notice under Florida Statute § 713.23(1)(d) to claim against a payment bond, even for speci
• Wishoff v. Wishoff
  497 So. 2d 1351· Fla. 4th DCA· 1986-12-03 ·cited 4×
  An attorney's charging lien was validly perfected on property acquired in a dissolution proceeding where the attorney and client executed stipulations establishing the lien, the attorney provided substantial legal services resulting in the client's recovery of property interest,
• In re Daves v. Daves
  770 F.2d 1363· 5th Cir.· 1985-09-19 ·cited 4×
  The court held that an equitable lien cannot be imposed on Texas homestead property when constitutional and statutory requirements for fixing such a lien have not been met, and that a constructive trust is not an appropriate remedy to secure a lien on homestead property.
• Pollock v. Emil Morton
  455 So. 2d 574· Fla. 3d DCA· 1984-08-28 ·cited 4×
  Benjamin Pollock appealed a judgment granting Emil Morton an equitable lien on property held by T & M Investments, Inc. The Florida District Court of Appeal reversed, holding that advancing money to a corporation for real property acquisition does not create an equitable lien abs