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

• Keith v. Bratton
  738 F.2d 314· 8th Cir.· 1984-07-05 ·cited 4×
  The court held that an order releasing a notice of lis pendens is appealable under the collateral order doctrine, and that a notice of lis pendens filed before the commencement of a suit affecting title to property is a nullity.
• Ivel Palmiter v. Action, Inc.
  733 F.2d 1244· 7th Cir.· 1984-05-09 ·cited 4×
  Federal funds held by a non-profit organization, even when commingled, are immune from garnishment if they have not been expended for their statutorily authorized purposes, and the organization has no independent funds.
• Powell, Inc. v. Abney
  669 F.2d 348· 5th Cir.· 1982-03-05 ·cited 4×
  An equitable lien securing part of a judgment cannot be discharged by the judgment debtor paying an amount equal to the lien into court, especially when the debtor acted inequitably.
• United States v. Bryan
  31 C.C.A. 419· N.D. Fla.· 1981-09-03 ·cited 4×
• Meyer v. Schwartz
  391 So. 2d 310· Fla. 4th DCA· 1980-12-10 ·cited 4×
  The personal representative of a decedent's estate challenged the trial court's imposition of an equitable lien on the estate's real property in favor of a creditor who held a written promise of a second mortgage. The appellate court affirmed the equitable lien, holding that a wr
• Lovett v. Shuster
  633 F.2d 98· 8th Cir.· 1980-10-22 ·cited 4×
  The court held that the erroneous consideration of deposition testimony was harmless error, and that perfection of a security interest in instruments under Minnesota law occurs upon possession, not formal assignment.
• In re Est. of Samuel Donner v. Anton
  364 So. 2d 753· Fla. 3d DCA· 1978-10-03 ·cited 4×
  This probate case addresses the priority of competing claims against a deceased's estate, including dower rights of the surviving spouse, alimony arrearages from a prior divorce, and contractual claims for specific performance based on a promise to make a will. The court holds th
• Cohen v. Lunsford
  362 So. 2d 383· Fla. 1st DCA· 1978-08-22 ·cited 4×
  The court held that statutory payment bonds, even with a condition limiting the surety's liability to the owners, exempt owners from liability to subcontractors, as the condition only affects the surety's liability to the owners and not the subcontractor's rights.
• In re Supermercados SAN Juan, Inc.
  575 F.2d 8· 1st Cir.· 1978-05-02 ·cited 4×
  The court held that the transfer of promissory notes as collateral was a voidable preference under the Bankruptcy Act because the pledge agreement was not perfected against third parties under Puerto Rican law. However, payments made on the notes before the four-month preference
• Blosam Contractors, Inc. v. Republic Mortg. Invs.
  353 So. 2d 1225· Fla. 2d DCA· 1977-12-30 ·cited 4×
  Blosam Contractors appealed a foreclosure judgment denying its claim to an equitable lien on undisbursed mortgage loan proceeds held by Republic Mortgage Investors. The court reversed, holding that Blosam was entitled to an equitable lien on the undisbursed funds because Republic
• Divine Homes, Inc. v. Gulf Power Co.
  352 So. 2d 115· Fla. 1st DCA· 1977-11-10 ·cited 4×
  Divine Homes, Inc. contracted with Gulf Power Company to install an underground electrical system in a subdivision but failed to pay the agreed $4,750. After transferring subdivision lots to innocent purchasers, Divine Homes conveyed the remaining lot to the individual defendants
• In re the NEW York v. Mfrs. Hanover Tr. Co.
  567 F.2d 166· 2d Cir.· 1977-03-18 ·cited 4×
  A reorganization court, as a court of equity, has the discretion to allow or deny compensation and expenses to an indenture trustee, even with a conflict of interest, if the unique facts of the case warrant it.
• McPherson v. Jeffrey and Flora Redding
  323 So. 2d 687· Fla. 3d DCA· 1975-11-18 ·cited 4×
  McPherson appeals a judgment imposing a $60,000 equitable lien on his property in favor of the Reddings, who made improvements to his land without his consent after he rejected their purchase agreement. The court reversed, holding that the Reddings had knowledge of McPherson's ow
• Logan B. Horne v. C & R Bldg. Materials, Inc.
  321 So. 2d 617· Fla. 3d DCA· 1975-10-14 ·cited 4×
• Cook v. LEE
  290 So. 2d 65· Fla. 3d DCA· 1974-02-19 ·cited 4×
  This case involves a dispute over ownership of aircraft purchased for a corporation. The appellate court affirmed the trial court's decision that one of the parties had a 50% equitable interest in the aircraft, despite procedural arguments.
• In re Toula Freeman v. Ritner
  489 F.2d 431· 9th Cir.· 1973-12-11 ·cited 4×
  An assignment of a tax refund, though not compliant with the Assignment of Claims Act, is perfected for bankruptcy purposes when the assignor has irrevocably parted with her interest, making it valid against subsequent claimants under local law.
• SUN OIL Co. v. Behring Props., Inc.
  480 F.2d 310· 5th Cir.· 1973-04-10 ·cited 4×
  The court held that Ahrenholz is bound by the commitments made by his representative, even if those representations were unauthorized, as the other party had no notice of such limitations.
• United States v. Perry
  473 F.2d 643· 5th Cir.· 1973-01-08 ·cited 4×
• Indus. Bank OF Wash. v. United States
  424 F.2d 932· D.C. Cir.· 1970-03-09 ·cited 4×
  A surety on a performance bond has a superior right to contract funds remaining in the government's hands, after contractor default, compared to an assignee bank.
• ST. Paul Fire & Marine Ins. Co. v. Tennefos Constr. Co., Inc.
  396 F.2d 623· 8th Cir.· 1968-06-28 ·cited 4×
  The court held that the contract bond issued by St. Paul Fire & Marine Insurance Company covered Tennefos's loss from Cox's failure to pay bank loans, as the bond and related agreements must be read together and interpreted broadly.
• Wheatland Hills Corp. v. Morton
  199 So. 2d 122· Fla. 3d DCA· 1967-05-09 ·cited 4×
  This case concerns whether a Florida circuit court has the power to place an equitable lien on property located in Dade County, belonging to a non-resident, to satisfy alimony and child support claims in a divorce suit. The court affirmed the lower court's decree, finding it had
• Arkwright Mut. Ins. Co. v. Bargain City
  373 F.2d 701· 3d Cir.· 1967-01-31 ·cited 4×
  A creditor claiming an equitable security interest who has notice of arrangement proceedings and fails to present its claim will not have that claim enforced.
• Gulf Shore Dredging Co. v. Leala Mae Ingram
  193 So. 2d 232· Fla. 4th DCA· 1966-12-20 ·cited 4×
  Gulf Shore Dredging Company, a mortgage lender, appeals the dismissal of its foreclosure action against a married woman's separate property. The court reverses, holding that the lender established a prima facie case for an equitable lien based on funds used to satisfy a prior mor
• United States v. Eugene W. Owens in Bankr. for Bruce Constr. Corp. & Miami Station, Inc.
  329 F.2d 678· 5th Cir.· 1964-03-16 ·cited 4×
  A bankruptcy court cannot issue a summary turnover order for funds held by a third party if that party asserts a bona fide, more than colorable claim to the funds.
• Eberly v. Dudley
  314 F.2d 8· 9th Cir.· 1962-12-11 ·cited 4×
  The court held that taking possession of after-acquired property within four months of bankruptcy, under a previously recorded chattel mortgage, constitutes a preferential transfer under the Bankruptcy Act if state law requires possession for perfection.
• In re Summit Hardware, Inc. v. Foote
  302 F.2d 397· 6th Cir.· 1962-04-19 ·cited 4×
  An equitable lien arising from a borrower's contractual obligation to provide written statements to a factor is valid against unsecured creditors and the trustee in bankruptcy, even if the borrower fails to provide those statements.
• HAL Rivers Standard Serv. Station v. Cont'l Indus., Inc.
  140 So. 2d 617· Fla. 2d DCA· 1962-04-18 ·cited 4×
  Service station operators who purchased cigarette vending machines from intermediate sellers challenged a foreclosure decree based on the original sellers' retained conditional sales liens. The court reversed, holding that the intermediate sellers held themselves out as dealers a
• Hanna Paint Mfg. Co. v. Rodey
  298 F.2d 371· 10th Cir.· 1962-01-12 ·cited 4×
  The court held that the attorneys' charging lien had priority over the appellant's assignment and that the trial court did not abuse its discretion in approving the attorney fee.
• Corn Constr. Co. v. AETNA Cas. & Sur. Co. OF Hartford
  295 F.2d 685· 10th Cir.· 1961-09-14 ·cited 4×
  A performance bond for off-site subdivision improvements does not cover claims for labor and materials by a subcontractor unless the bond expressly so provides or statutory requirements for public works are met, and a surety cannot claim subrogation or exoneration when it has not
• Cooper v. Anderson
  277 F.2d 449· 5th Cir.· 1960-04-11 ·cited 4×
  The court held that both of the claimant's claims against the bankruptcy estate were properly disallowed because no debt was owed to the claimant.
• E. H. Spach In Bankr. of the Ests. of Earl Albert Kleb & Clarence Charles Gehm v. Kleb
  112 So. 2d 21· Fla. 3d DCA· 1959-05-14 ·cited 4×
  A bankruptcy trustee sought to impose an equitable lien on homestead properties of former partners to satisfy partnership creditors. The court held that converting partnership property into exempt homestead property prior to creditors obtaining liens does not constitute fraud on
• United States Fid. & Guar. Co. v. Craig Cnty. Bank OF Vinita
  227 F.2d 799· 10th Cir.· 1955-10-31 ·cited 4×
  The court held that the bonding company waived its right to deny coverage and was estopped from asserting exoneration due to its conduct, and that the bank's assignment of Hampton's deposit was valid against the bonding company's subrogation claim.
• Scheiner v. Adamco, Inc.
  81 So. 2d 205· Fla.· 1955-06-15 ·cited 4×
  Benjamin Scheiner sought to acquire stock in two corporations and obtain their assets through equity proceedings, but the Florida Supreme Court held that he cannot use corporate form doctrine strategically to avoid paying unsecured creditors. The Court granted certiorari and rema
• Alexander v. Cleveland
  79 So. 2d 852· Fla.· 1955-04-06 ·cited 4×
  The Florida Supreme Court held that a seller's furnishing of an abstract based on a bare tax deed entry, without showing the antecedent tax deed proceedings, does not satisfy a contract requirement to furnish an abstract showing good and merchantable title of record. The Court re
• Reconstr. Fin. Corp. v. Cody Fin. Co.
  214 F.2d 695· 10th Cir.· 1954-07-08 ·cited 4×
  The court held that the finance company was a bona fide purchaser for value without notice of the RFC's prior assignment, and its inquiry was sufficient under the circumstances.
• Smith et ux. v. Irvine et ux.
  68 So. 2d 567· Fla.· 1953-12-08 ·cited 4×
  In this interlocutory certiorari proceeding, the Florida Supreme Court reviewed whether plaintiffs could maintain an equitable action for a lien to secure damages arising from alleged fraud in the sale of a motel property. The Court held that plaintiffs' claim is legal in charact
• Schuetz et ux. v. Niziolek
  62 So. 2d 704· Fla.· 1953-01-20 ·cited 4×
  Sellers of a tourist court appealed a decree of specific performance requiring them to convey the property to a buyer in exchange for a grocery business. The Florida Supreme Court reversed, finding the buyer materially breached the contract by failing to deliver clear title to th
• Johnson v. Morris
  175 F.2d 65· 10th Cir.· 1949-05-06 ·cited 4×
  A creditor's equitable lien on a bankrupt's assets is determined by state law, and the bankruptcy court cannot create such a lien if it did not exist under state law. The claimant must prove augmentation of the bankrupt's estate to establish a lien.
• Aldrich Shoe Co. v. Kagan
  173 F.2d 457· 1st Cir.· 1949-03-25 ·cited 4×
  The bankruptcy court has summary jurisdiction over funds deposited with a state court clerk pursuant to a court order, even if the creditor claims equitable ownership, because the deposit constitutes a lien obtained by legal process that is voidable under Section 67(a) of the Ban
• McCALLUM v. Anderson
  147 F.2d 811· 10th Cir.· 1945-01-10 ·cited 4×
  The court held that the beneficiary's claim was barred by laches and the statute of limitations by analogy due to her failure to assert it diligently after knowledge of the trust's depletion and final accounting.
• Ellas Inv. Co. v. Nobles
  102 Fla. 475· Fla.· 1931-07-14 ·cited 4×
  Ellas Investment Company sought to recover $5,000 in earnest money from W. H. Nobles and A. B. Day, claiming they failed to furnish abstracts showing good record title. The Florida Supreme Court affirmed dismissal of the complaint, holding that where parties contemplate conveyanc
• Phipps v. Porte F. Quinn
  99 Fla. 1340· Fla.· 1930-06-09 ·cited 4×
  Phipps sought to recover documents and funds deposited in court during prior litigation, but the former attorneys Wideman & Wideman refused to return them, asserting a lien for unpaid fees. The Florida Supreme Court held that the petition was procedurally improper because it rais
• Hart v. Atwood
  96 Fla. 667· Fla.· 1928-12-05 ·cited 4×
  The appellate court reversed a lower court's decree that granted an equitable lien on property held by a husband and wife as an estate by the entireties. The court found the decree unenforceable because the wife, who was not a party to the suit or the contract, held an equal inte
• Robinson v. Tischler
  69 Fla. 77· Fla.· 1915-02-03 ·cited 4×
  This case concerns whether a state equity court can impose an equitable lien on property fraudulently transferred by a debtor before bankruptcy, even after the debtor's discharge. The Florida Supreme Court reversed the lower court's dismissal, holding that judgment creditors may
• Fernandez v. Old Republic Nat'l Title Ins. Co.
  406 So. 3d 299· Fla. 3d DCA· 2025-02-12 ·cited 3×
  An insurer's duty to defend is determined by the allegations in the operative complaint, and when an insurer relies on a policy exclusion to deny coverage, it must demonstrate that the complaint allegations are cast solely and entirely within the exclusion with no other reasonabl
• Pyotr Vitalievich Loginov v. Ekaterina Samoilova
  345 So. 3d 372· Fla. 3d DCA· 2022-08-10 ·cited 3×
  An equitable lien based on unjust enrichment cannot be pursued when an express contract governs the underlying debt, and a party with an adequate remedy at law—here, a judgment already obtained—is not entitled to equitable relief.
• Mortg. Assets Mgmt., LLC v. Kaplan
  326 So. 3d 1140· Fla. 4th DCA· 2021-09-01 ·cited 3×
  A court-imposed equitable lien cannot be given priority over a previously recorded first mortgage, as the rule of first in time, first in right governs lien priority and courts lack equitable power to override statutory lien priority rules.
• Gabriji, LLC v. Hollywood E., LLC
  304 So. 3d 346· Fla. 4th DCA· 2020-09-30 ·cited 3×
  Gabriji, LLC appealed the circuit court's dismissal with prejudice of its amended complaint against Hollywood East, LLC regarding a condominium purchase agreement and subsequent foreclosure sale. The court reversed, finding that the trial court erred in looking beyond the four co
• Sharonit Amar Seligsohn v. Seligsohn
  259 So. 3d 874· Fla. 4th DCA· 2018-11-28 ·cited 3×
  The trial court erred in four respects: (1) ordering payment of guardian ad litem fees from homestead property, which violates constitutional homestead protections; (2) awarding blanket ultimate decision-making authority over all parenting issues, which is incompatible with share
• Hernandez v. Eusebio G. Hernandez
  230 So. 3d 119· Fla. 3d DCA· 2017-09-06 ·cited 3×
  In a guardianship case, the court affirmed the probate court's determination that Antonio Hernandez lacks standing to object to attorney's fees orders because he is not an "interested person" under Florida law. Antonio's involvement in the guardianship proceedings was necessitate