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

• Tr. Mortg., LLC v. Dina Ferlanti and Anthony Ferlanti
  193 So. 3d 997· Fla. 4th DCA· 2016-06-01 ·cited 3×
  Trust Mortgage, LLC brought a foreclosure action against Anthony and Dina Ferlanti, but only Dina signed the note and mortgage. After Anthony prevailed on summary judgment, the trial court awarded him sanctions under Florida Statute 57.105 for frivolous claims. The Fourth Distric
• Premier Finishes, Inc. v. Maggirias
  130 So. 3d 238· Fla. 2d DCA· 2013-11-15 ·cited 3×·via Imposition Of Equitable Lien
  Premier Finishes, Inc. and Peter Torres sought certiorari review of a circuit court order discharging their construction lien and lis pendens based on a name discrepancy between the lienor (Premier Finishes) and the named contractor (PFI Construction) on the underlying contract.
• Hirchert Fam. Tr. v. Johnee Ann Alle Hirchert
  65 So. 3d 548· Fla. 5th DCA· 2011-06-17 ·cited 3×
  The Hirchert Family Trust appealed a Florida trial court judgment that refused to enforce a California court's order directing the appellee to convey her Florida homestead property to satisfy a constructive trust imposed for breach of fiduciary duty. The appellate court held that
• Brotheridge v. Option ONE Mortg. Corp. & GRP Loan, LLC
  67 So. 3d 254· Fla. 2d DCA· 2010-11-17 ·cited 3×
  The Brotheridges appeal a summary judgment foreclosure entered against them on a refinanced mortgage. The court reversed, finding material factual disputes exist regarding whether the lender properly paid off prior mortgages and whether equitable subrogation permits foreclosure w
• Epolito v. Prudential Ins. Co. of Am.
  737 F. Supp. 2d 1364· M.D. Fla.· 2010-09-02 ·cited 3×
  The court held that the plan's definition of 'Employer' encompassed Unitrin and its affiliates, meaning pension benefits accrued under a former owner were deductible. The court adopted Florida's contract interpretation rules and the doctrine of contra proferentem for ERISA cases.
• Herman v. Metro. Life Ins.
  689 F. Supp. 2d 1316· M.D. Fla.· 2010-02-11 ·cited 3×
  The court affirmed the magistrate judge's report, granting MetLife summary judgment on the plaintiff's claim for benefits and denying MetLife's counterclaim for reimbursement of overpaid benefits.
• BRICEÑO v. Bryden Invs., Ltd.
  973 So. 2d 614· Fla. 3d DCA· 2008-01-23 ·cited 3×
  Briceño appeals the denial of his motion for a temporary injunction to preserve accrued interest on funds he claims are subject to a constructive trust. The court affirms, holding that the res of an alleged constructive trust is limited to the principal funds, not accrued interes
• Guest v. Claycomb
  932 So. 2d 567· Fla. 5th DCA· 2006-06-30 ·cited 3×
  Guest appealed summary judgment dismissing his six-count complaint against the Claycombs for failing to return property transferred under an alleged oral agreement. The Fifth District Court of Appeal reversed as to counts V and VI (constructive trust and equitable lien), holding
• Fischer v. Fischer
  873 So. 2d 534· Fla. 4th DCA· 2004-05-19 ·cited 3×
  The Florida Fourth District Court of Appeal reversed a trial court's partial dissolution of a lis pendens filed by the estate of a deceased husband claiming a 50% interest in a condominium held with his surviving spouse. The court held that the trial court erred in allowing the w
• Nadrich v. Nadrich
  872 So. 2d 994· Fla. 4th DCA· 2004-05-12 ·cited 3×
  A husband appeals from a contempt order for non-payment of temporary alimony and support. The trial court imposed an equitable lien on his post-separation homestead and an income deduction order. The appellate court reverses the lien and income deduction order but affirms the con
• Bergman v. DeIULIO
  826 So. 2d 500· Fla. 4th DCA· 2002-09-25 ·cited 3×
  An accountant and architect discussed a partnership to develop office space but never finalized the essential terms or executed a written agreement. The trial court found an enforceable "executory agreement to agree" and awarded damages to the accountant based on estoppel, but th
• Weed v. Washington (In Re Washington)
  238 B.R. 852· M.D. Fla.· 1999-09-16 ·cited 3×
  An attorney's charging lien under Florida law is not a "judicial lien" avoidable under 11 U.S.C. § 522(f)(1) because it relates back to the commencement of services and is akin to a consensual lien.
• Putnam v. VIA
  638 So. 2d 981· Fla. 2d DCA· 1994-06-10 ·cited 3×
  A surviving second wife claimed an intestate share as a pretermitted spouse in her deceased husband's estate, challenging the claims of beneficiaries under a mutual will Edgar executed with his first wife before remarrying. The court held that Florida's strong public policy prote
• Rosenblatt v. Rosenblatt
  635 So. 2d 132· Fla. 3d DCA· 1994-04-12 ·cited 3×
• Long v. Moore
  626 So. 2d 1387· Fla. 1st DCA· 1993-11-19 ·cited 3×
  The Longs, elderly and in poor health, purchased a home from the Moores with a $50,000 downpayment and financed the remaining $50,000 over ten years. Unable to continue monthly payments after one year, they deeded the property back and later sought rescission, claiming Mr. Long l
• Gibson v. Resolution Tr. Corp.
  750 F. Supp. 1565· S.D. Fla.· 1990-10-30 ·cited 3×
  The Resolution Trust Corporation (RTC) properly repudiated an executory contract for legal services under FIRREA, and the contract did not create a trust or a security interest, thus the RTC's motion for summary judgment is granted.
• Bessemer v. Gersten
  381 So. 2d 1344· Fla.· 1980-02-28 ·cited 3×
  The Florida Supreme Court held that a developer may impose affirmative covenants requiring homeowners to pay for recreational facilities, secured by a foreclosable lien, and that such a lien created by acceptance of a deed with notice of the lien provision prevails over the homes
• Mawi Corp. v. Advance Mortg. Corp.
  353 So. 2d 564· Fla. 3d DCA· 1977-11-29 ·cited 3×
  MAWI Corporation appealed a summary judgment foreclosure against it as a junior lienor. The court affirmed the foreclosure, finding no genuine issue of material fact and upholding the trial court's denial of MAWI's motion to amend its pleadings to assert a superior equitable lien
• Falkner v. Pastrano
  251 So. 2d 712· Fla. 3d DCA· 1971-07-20 ·cited 3×
  The appellate court affirmed the trial court's order setting aside a default judgment against the defendants, finding no abuse of discretion, and thus affirmed the trial court's decision to allow a trial on the merits regarding the enforceability of a deposit receipt contract.
• Besse L. Staley v. Jackson
  154 So. 2d 349· Fla. 2d DCA· 1963-06-05 ·cited 3×
  In this appeal, the court affirmed dismissal of appellant's action seeking a constructive trust and equitable lien against a decedent's estate. The court held that because the appellant could not identify and trace the specific trust property that the decedent allegedly misapprop
• Atl. Fed. Sav. & Loan Ass'n OF Fort Lauderdale v. Kitimat Corp.
  143 So. 2d 719· Fla. 2d DCA· 1962-08-15 ·cited 3×
  Atlantic Federal Savings and Loan Association appealed a summary final decree of foreclosure that granted the Greens an equitable mortgage lien on property they had conveyed to Kitimat Corporation. The court affirmed, holding that the Greens possessed a valid equitable mortgage l
• Bauman v. Peacock
  80 So. 2d 365· Fla.· 1955-05-18 ·cited 3×
  In this title dispute, the Florida Supreme Court held that a judgment creditor who records a judgment against a contract purchaser cannot claim the superior legal protections afforded to bona fide purchasers because only equitable interests were involved. The court affirmed the t
• THE Fla. Nat'l Bank OF Jacksonville v. Gardner
  154 Fla. 801· Fla.· 1944-08-01 ·cited 3×
  This case involved a dispute over whether an estate administrator could offset a distributee's share by the amount of a note that was past the statute of limitations. The Florida Supreme Court reversed the lower court's decree, with a majority finding that neither the statute of
• Rockmore v. Lehman
  128 F.2d 564· 2d Cir.· 1942-05-21 ·cited 3×
  The court held that assignments of rights under an existing contract, even for security, are valid under New York law, distinguishing them from assignments of future promises or after-acquired property.
• Citizens State Bank v. Adams
  140 Fla. 578· Fla.· 1939-07-28 ·cited 3×
  This case involves a dispute over whether bank officers improperly transferred bank assets valued at $15,200 to themselves in exchange for stock they sold to a new shareholder. The Florida Supreme Court held that the bank cashier lacked authority to transfer substantial bank asse
• Lovett v. Peoples First Nat'l Bank of Quitman
  130 Fla. 142· Fla.· 1937-01-20 ·cited 3×
  A widow sought to enforce a mortgage executed by her deceased husband on real property to secure insurance proceeds from a destroyed dwelling. The Florida Supreme Court affirmed the trial court's decision to invalidate the mortgage, holding that it was executed fraudulently to de
• Est. Realty Corp. v. Taubel
  114 Fla. 409· Fla.· 1934-04-02 ·cited 3×
  Estate Realty Corporation mortgaged a Miami Beach hotel to William Taubel in 1928, and the mortgage was later transferred to his wife Anna Taubel. When the mortgagor defaulted, the Taubels sought foreclosure and obtained appointment of a receiver. The defendants challenged the re
• Boynton v. Williams
  108 Fla. 368· Fla.· 1933-02-23 ·cited 3×
  This case involves a dispute over a mortgage satisfaction and an equitable lien. The court modified a lower court's decree, affirming an equitable lien on real estate but reversing its inclusion of personal property.
• Union Indem. Co. of New Orleans v. Worthingstun
  98 Fla. 242· Fla.· 1929-07-30 ·cited 3×
  Union Indemnity Company, as surety on a bond, sought to recover through subrogation after paying a judgment obtained by materialmen Blitch and Parish against a homestead property owner. The Florida Supreme Court reversed, holding that the statutory bond released the materialmen's
• Gutierrez v. Sullivan
  338 So. 3d 971· Fla. 3d DCA· 2022-01-26 ·cited 2×
  This case involves a dispute over payment for tree pruning services. The appellant, Jose Gutierrez, claimed he had a contract with the property owner, Thomas Sullivan, through an alleged agent, Jose Lima. The appellate court affirmed the trial court's judgment in favor of Sulliva
• Silva v. Adria DE LA Noval
  307 So. 3d 131· Fla. 3d DCA· 2020-07-22 ·cited 2×
  The appellate court affirmed the trial court's decision to deny a motion to vacate a final judgment. The trial court had previously imposed a constructive trust on a property, vesting title in the appellees, based on clear and convincing evidence that the appellant held the prope
• Wichi Mgmt. LLC v. Masters
  193 So. 3d 961· Fla. 3d DCA· 2016-05-04 ·cited 2×
  WICHI Management appeals a final judgment granting R & L Financial an equitable lien on a promissory note and mortgage held by WICHI. The court reversed, holding that R & L failed to establish any legal or equitable basis for the lien because the funds it provided were not direct
• Okaloosa NEW Opportunity, LLC v. LD Projects, LLC
  109 So. 3d 1209· Fla. 5th DCA· 2013-03-28 ·cited 2×
  Okaloosa New Opportunity appeals the denial of its motion for proceedings supplementary to execution following a default judgment against LD Projects. The court holds that under Florida Statute § 56.29, a judgment creditor who files a facially sufficient affidavit showing an unsa
• GMPF Framing, LLC v. Villages AT Lake Lily Assocs., LLC
  100 So. 3d 243· Fla. 5th DCA· 2012-11-02 ·cited 2×
  GMPF Framing appeals a final judgment awarding attorney's fees to Villages at Lake Lily Associates under section 713.29, Florida Statutes. The appellate court reverses, holding that the trial court prematurely awarded fees while significant pending claims remained unresolved, mak
• Rebekah Pariz v. Colon
  77 So. 3d 721· Fla. 3d DCA· 2011-11-16 ·cited 2×
  The trial court erred by believing it lacked the power to order the transfer of title to the subject property, as it possessed both in rem jurisdiction and equitable discretion to do so.
• Ross v. Ross
  61 So. 3d 479· Fla. 4th DCA· 2011-05-18 ·cited 2×
  Florida appellate court reversed a trial court order forcing sale of former husband's residence to satisfy alimony arrearages because the trial court adopted the former wife's proposed order verbatim without allowing the former husband an opportunity to review and object, violati
• Royal Palm Collection, Inc. v. Lewis
  36 So. 3d 168· Fla. 4th DCA· 2010-06-02 ·cited 2×
  Royal Palm Collection, Inc. appealed a trial court's denial of its motions following an arbitration award for construction work on a home. The court affirmed most of the trial court's rulings but reversed and remanded on the issue of foreclosure of Royal Palm's construction lien,
• Roth v. Bank OF Am., N.A.
  23 So. 3d 765· Fla. 2d DCA· 2009-11-18 ·cited 2×
  Allan Roth appeals a foreclosure judgment on a mortgage arising from his divorce settlement. The appellate court reversed because the trial court failed to consider material facts presented through affidavits before granting summary judgment, and because the underlying equitable
• Liberty Transp., LLC v. Banyan AIR Servs., Inc.
  7 So. 3d 1138· Fla. 4th DCA· 2009-03-11 ·cited 2×
  The court held that the issue of the equitable lien was moot, but the trial court lacked jurisdiction to award prejudgment interest after the initial judgment was appealed.
• Iannazzo v. Stanson
  927 So. 2d 1005· Fla. 4th DCA· 2006-04-19 ·cited 2×
  Appellants Iannazzo and Schweizer appealed a Florida trial court's order enforcing New York court judgments against them regarding ownership of Florida real estate. The Fourth DCA affirmed the enforcement but reversed the portion of the injunction that froze Schweizer's unrelated
• LOW Cost Auto Pawn, Inc. v. Greco
  851 So. 2d 768· Fla. 2d DCA· 2003-06-27 ·cited 2×
  The court held that summary judgment as to liability and damages was proper, but the imposition of an equitable lien on homestead property and awards for attorney's fees and costs were erroneous.
• First NLC Fin. Servs., LLC. v. Altamirano
  847 So. 2d 516· Fla. 3d DCA· 2003-04-02 ·cited 2×
• The Sch. Bd. OF Broward Cnty. v. The Trane Co.
  840 So. 2d 1095· Fla. 4th DCA· 2003-03-05 ·cited 2×
  The School Board of Broward County appeals from judgments imposing an equitable lien on retained construction funds in favor of Trane Company, an unpaid subcontractor. The court affirms, holding that an equitable lien may be imposed on statutorily retained funds even against a go
• Michel Aouate v. Hotel Europe, Inc.
  792 So. 2d 596· Fla. 3d DCA· 2001-08-15 ·cited 2×
  A trustee for a purchaser appealed a judgment in favor of a hotel seller in a real estate dispute over a purchase agreement. The trial court excluded the purchaser's evidence regarding whether title defects (specifically an equitable lien from a pending lawsuit) were "liquidated
• Craft v. Craft
  757 So. 2d 571· Fla. 4th DCA· 2000-04-26 ·cited 2×
  A former husband appeals a trial court order in contempt proceedings requiring him to turn over assets, including rights in a pending lawsuit, to satisfy an unpaid alimony judgment. The court affirmed, holding that the husband's claims for fraud and breach of fiduciary duty relat
• Stewart v. Tramel
  695 So. 2d 729· Fla. 1st DCA· 1996-09-11 ·cited 2×
  The court held that Article X, Section 4 of the Florida Constitution prohibits civil forfeiture of homestead property, even when purchased with the proceeds of illegal activity.
• Babbit Elecs., Inc. v. Dynascan Corp.
  915 F. Supp. 335· S.D. Fla.· 1995-12-01 ·cited 2×
  The district court affirmed the magistrate judge's report and recommendation, deeming the judgment on order of impleader and imposition of equitable lien as such, and denied the Borensteins' objections.
• Bancflorida v. Hayward
  659 So. 2d 1329· Fla. 3d DCA· 1995-09-06 ·cited 2×
  BancFlorida appealed summary judgments in consolidated foreclosure cases, arguing it held purchase money mortgages with priority over contract purchasers' equitable liens. The Third District Court of Appeal affirmed, holding that while BancFlorida was a purchase money mortgagee,
• State v. Rains
  654 So. 2d 1254· Fla. 2d DCA· 1995-05-12 ·cited 2×
  The circuit court did not abuse its discretion in allowing Rains to intervene in the distribution of assets from a civil RICO settlement.
• United States Fid. & Guar. Co. v. Ernest Constr. Co.
  854 F. Supp. 1545· M.D. Fla.· 1994-06-20 ·cited 2×
  The court held that the surety's motion for summary judgment on the grounds of the Miller Act's time limitation and subrogation rights was denied, as genuine issues of material fact remained.