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

• Gordon v. Tibor Hollo
  636 So. 2d 563· Fla. 3d DCA· 1994-05-10 ·cited 2×
  Gordon petitions for common law certiorari to review a trial court order vacating an interlocutory partial summary judgment after final foreclosure judgment had been affirmed on appeal. The court grants the petition as to FECP, finding the trial court lacked jurisdiction to revis
• Rupert Williams v. Adams
  636 So. 2d 191· Fla. 3d DCA· 1994-05-03 ·cited 2×
  Williams and Top Brands Marketing appealed from a default judgment entered against them. The court reversed the default, finding that Williams and the corporation did not receive notice of Adams's application for default, which entitled them to relief without needing to show excu
• Emerald Designs, Inc. v. Citibank F.S.B.
  626 So. 2d 1084· Fla. 4th DCA· 1993-11-17 ·cited 2×
  Emerald Designs, a landscape subcontractor, sought an equitable lien against undisbursed construction loan funds held by Citibank after the lender foreclosed on completed homes. The court reversed the trial court's dismissal, holding that a subcontractor need not allege fraud or
• Cadorette v. United States
  988 F.2d 215· 1st Cir.· 1993-02-22 ·cited 2×
  The court held that the condemnation action moots the remaining quiet title claims regarding Betsey I and Edmund II's shares, and the district court's allocation of those shares was incorrect.
• Shear v. Hornsby & Whisenand, P.A.
  603 So. 2d 129· Fla. 3d DCA· 1992-08-11 ·cited 2×
  The court held that the record was not sufficiently developed to grant summary judgment, as genuine issues of material fact remained regarding attorney fee liability advice.
• Westbay Steel, Inc. v. United States
  970 F.2d 648· 9th Cir.· 1992-07-23 ·cited 2×
  The court held that a federal contracting officer's alleged negligent approval of a surety bond under the Miller Act is not actionable under the Federal Tort Claims Act (FTCA), and therefore the district court lacked jurisdiction.
• Burns v. Est. OF John Luther Cobb, Sr.
  589 So. 2d 413· Fla. 5th DCA· 1991-11-14 ·cited 2×
  Carol Burns appealed after the probate court denied her petition to reopen the estate of John Luther Cobb, Sr., and after a trial court struck her counterclaim for equitable interest in homestead property and entered summary judgment for ejectment in favor of Cobb's sons. The cou
• N. Am. Sav. Ass'n v. Metroplex Dev. P'ship
  931 F.2d 1073· 5th Cir.· 1991-05-28 ·cited 2×
  The court held that the notice of appeal was timely filed and reversed the summary judgment, finding that the plaintiff failed to present evidence of asset distribution to the defendant under the Trust Fund Doctrine.
• Wilfredo Fleitas & Nicolasa Fleitas & Jogar Remodeling Servs., Inc. v. Julson, Inc.
  580 So. 2d 636· Fla. 3d DCA· 1991-03-19 ·cited 2×
  A subcontractor corporation sought to recover payment for structural work on a house under Florida's Mechanic's Lien Law, claiming status as a "laborer" and asserting equitable lien and implied contract theories. The appellate court reversed, holding that the subcontractor did no
• Irenee ROY v. Enter. Bldg. Corp.
  561 So. 2d 341· Fla. 2d DCA· 1990-04-20 ·cited 2×
  Roy, who recorded a first mortgage on property owned by a condominium developer, appealed from summary judgments favoring Enterprise, a general contractor with a mechanic's lien, in both Enterprise's lien foreclosure action and Roy's counterclaim for mortgage foreclosure. The cou
• Bailey v. Bailey
  546 So. 2d 104· Fla. 4th DCA· 1989-07-07 ·cited 2×
  A former husband appeals the denial of relief from judgment regarding an attorney's charging lien imposed against property he obtained in post-judgment dissolution proceedings. The court reversed, finding the trial court erred in granting the attorney's charging lien because the
• Perez v. Rivero
  534 So. 2d 914· Fla. 3d DCA· 1988-12-13 ·cited 2×
  The court affirmed a judgment for the balance due on a promissory note and denied a set-off for damages, finding that the defendant's claim of tortious interference with a contract terminable at will was not actionable as it constituted lawful competition.
• ALL State Plumbing, Inc. v. Mut. Sec. Life Ins. Co.
  537 So. 2d 598· Fla. 3d DCA· 1988-11-15 ·cited 2×
  Subcontractors without privity to a mortgagee cannot establish an equitable lien superior to a prior recorded mortgage, and a mechanics lien that is foreclosed merges into the resulting judgment, which remains inferior to the prior mortgage.
• EDD Helms Elec. Contracting, Inc. v. Barnett Bank OF S. Fla., N.A.
  531 So. 2d 238· Fla. 3d DCA· 1988-09-20 ·cited 2×
  An electrical subcontractor appealed a dismissal of its claim for an equitable lien against a construction lender's undisbursed loan proceeds. The court affirmed the dismissal, holding that the subcontractor had adequate legal remedies (against the surety, owner, and contractor)
• Am. Gen. Fire & Cas. Co. v. Mizell Reese and Barbara Reese
  853 F.2d 370· 5th Cir.· 1988-08-29 ·cited 2×
  The court held that the insurance proceeds were properly awarded to the FmHA based on the doctrine of equitable reformation, and that the cancellation of mortgages did not affect this obligation. The court also held that the Reeses were not entitled to penalties or attorney's fee
• Merrill Lynch v. George
  516 So. 2d 1068· Fla. 4th DCA· 1987-12-16 ·cited 2×
  Merrill Lynch appealed a summary judgment foreclosing mortgages and granting an equitable lien in favor of George for maintenance and operation costs of property owned as tenants in common with Rooks. The court affirmed George's priority for the second mortgage but reversed regar
• Saline State Bank v. Mahloch
  834 F.2d 690· 8th Cir.· 1987-11-23 ·cited 2×
  The court held that a single creditor lacks standing to invoke the avoidance powers under 11 U.S.C. § 544, and that while a mortgage assignment of rents clause may not be self-executing under Nebraska law, a post-petition application to sequester rents can perfect the mortgagee's
• In re Tittabawassee Inv. Co. v. Tittabawassee Inv. Co.
  831 F.2d 104· 6th Cir.· 1987-10-07 ·cited 2×
  A security interest in a Michigan liquor license requires filing a financing statement under the UCC to be perfected; an unperfected security interest is inferior to a perfected security interest and a trustee's lien.
• Brown v. Davis
  514 So. 2d 54· Fla.· 1987-09-03 ·cited 2×
  The Florida Supreme Court answered a certified question of great public importance by holding that a court of equity may order an exchange of deeds between two innocent parties when a builder mistakenly constructs on the wrong lot, but only as a last resort when no other equitabl
• Republic of Haiti v. Crown Charters, Inc.
  667 F. Supp. 839· S.D. Fla.· 1987-08-13 ·cited 2×
  The court held that material issues of fact precluded summary judgment on claims of constructive trust, breach of fiduciary duty, conversion, and money had and received. The court also granted Crown's motion to compel depositions of Stroock lawyers via written questions under spe
• Nationwide Mut. Fire Ins. Co. v. Dungan
  818 F.2d 1239· 5th Cir.· 1987-06-15 ·cited 2×
  An unnamed mortgagee has only an equitable lien and cannot recover under an insurance policy if the mortgagor's claim is invalidated by misrepresentations, as the statutory mortgage clause applies only to named mortgagees.
• In re Niland v. Darwin Deason
  809 F.2d 272· 5th Cir.· 1987-02-10 ·cited 2×
  The court held that while the property was Niland's homestead, he was estopped from claiming it due to his prior fraudulent claim of a different property as his homestead, which resulted in a benefit to him.
• Brown v. Davis
  493 So. 2d 523· Fla. 1st DCA· 1986-09-02 ·cited 2×
  This case involves a house mistakenly built on the wrong property due to a surveyor's error. The appellate court affirmed the trial court's order for an equitable exchange of the properties but reversed and remanded for further adjustments to compensate the innocent property owne
• Herring v. United States
  781 F.2d 119· 8th Cir.· 1986-01-03 ·cited 2×
  The court held that the district court did not abuse its discretion in awarding attorney's fees and costs under the Equal Access to Justice Act (EAJA) to Herring, who was considered a prevailing party despite not obtaining title.
• United States v. Benitez
  779 F.2d 135· 2d Cir.· 1985-12-13 ·cited 2×
  The court affirmed the district court's decision to distribute the interpleader fund pro rata among the defrauded claimants, finding that the result would be the same under either federal or New York law.
• Am. States Ins. Co. & Small Inventories, Inc. v. Genevieve L. Woodard and husband
  433 So. 2d 20· Fla. 1st DCA· 1983-06-10 ·cited 2×
• Zions First Nat'l Bank, N.A. v. United Health Club, Inc.
  704 F.2d 120· 3d Cir.· 1983-04-08 ·cited 2×
  The court held that the trial court erred in failing to order foreclosure of the entire leasehold estate, including the interest acquired by New United through the 1974 lease, and affirmed the dismissal of New United's defamation and business interference claims.
• Intercon Research Assocs., Ltd. v. Dresser Indus., Inc.
  696 F.2d 53· 7th Cir.· 1982-12-17 ·cited 2×
  The court held that the district court did not err in dismissing Dresser Industries as a party defendant because the requirements for permissive joinder under Federal Rule of Civil Procedure 20(a) were not met, and such joinder would be unfair.
• In re Destro v. Stuhley
  675 F.2d 1037· 9th Cir.· 1982-04-26 ·cited 2×
  An equitable lien, established through partial performance and estoppel, is superior to a bankruptcy trustee's claim as a judgment lien creditor, even if not perfected as a legal lien.
• Miller v. Econ. Lab., Inc.
  410 So. 2d 642· Fla. 1st DCA· 1982-03-08 ·cited 2×
  The court affirmed summary judgment dismissing Miller's counterclaim for a statutory or equitable lien on goods for unpaid freight charges from prior shipments, holding that UCC § 7-307(1) limits a carrier's lien to charges incurred after receipt of the goods unless the parties a
• In re the Lehigh & NEW England Ry. Co.
  657 F.2d 570· 3d Cir.· 1981-08-03 ·cited 2×
  The Third Circuit reversed the district court's order granting priority to interline claimants over a mortgage bondholder in the proceeds of a railroad's valuation proceedings. The court held that federal law governs such disputes due to the national interest in railroad regulati
• In re Squaw Pass Co. v. Danahey
  633 F.2d 923· 10th Cir.· 1980-10-21 ·cited 2×
  The court held that the first sale was an invalid public sale because the public did not receive adequate notice, and therefore affirmed the bankruptcy court's decision.
• Manatee Fed. Sav. & Loan Ass'n v. Pace
  378 So. 2d 95· Fla. 2d DCA· 1979-12-28 ·cited 2×
  Manatee Federal Savings and Loan sought to foreclose a mortgage against property that was subject to an earlier agreement not to encumber executed by the original owners with Palmer Bank. The trial court granted summary judgment in Palmer's favor, finding the no-encumbrance agree
• Sellers v. Commissioner OF Internal Revenue
  592 F.2d 227· 4th Cir.· 1979-02-15 ·cited 2×
  The court held that the taxpayer was liable as a transferee for the corporation's unpaid income taxes and additions to tax, as the proceeds were transferred without valuable consideration and with intent to hinder creditors.
• Vista Landscaping, Inc. v. Heck
  366 So. 2d 1264· Fla. 4th DCA· 1979-02-07 ·cited 2×
  A subcontractor appealed a summary judgment denying its claim for an equitable lien against undisbursed loan funds on a construction project. The court affirmed, holding that a subcontractor is not automatically entitled to an equitable lien simply because undisbursed loan funds
• Amacher v. Keel
  358 So. 2d 889· Fla. 2d DCA· 1978-05-17 ·cited 2×
  This case addresses whether an equitable lien can be created on real property to secure payment of a debt unrelated to the property itself. The court reversed the trial court's dismissal of appellants' complaint, holding that a written assignment of property expressing an intent
• Roehner v. Atl. Coast Dev. Corp.
  353 So. 2d 925· Fla. 4th DCA· 1978-01-04 ·cited 2×
  The court reversed the trial court's denial of a motion to dismiss an equitable lien foreclosure action where the statute of limitations defense appeared on the face of the complaint.
• Tichenor v. Rabun N. Tichenor
  342 So. 2d 845· Fla. 2d DCA· 1977-02-18 ·cited 2×
• Mason v. Antonacci
  342 So. 2d 546· Fla. 3d DCA· 1977-02-08 ·cited 2×
  William Mason appeals the dismissal of his cross-claim for an equitable lien on real property being foreclosed. The court holds that while Mason cannot establish an equitable lien on the property itself (as the legal services were not performed with respect to the property), he r
• Int'l City Bank & Tr. Co. v. Forest Shores, Inc.
  340 So. 2d 530· Fla. 1st DCA· 1976-12-16 ·cited 2×
  International City Bank & Trust Company and ICB Corporation appealed the denial of their motions to dismiss for lack of jurisdiction and to dismiss a cross-claim filed by Forest Shores, Inc. The court held that the defendants had sufficient minimum contacts with Florida to establ
• Rosen v. Fierro
  340 So. 2d 955· Fla. 3d DCA· 1976-12-14 ·cited 2×
  Appellant, the former mother-in-law of one of the defendants, sought an equitable lien on defendants' home based on alleged loans made over the years. The trial court declined to impose the lien, finding insufficient evidence that defendants had promised to grant appellant a secu
• Econ. Suppliers & Fabricators, Inc. v. Centennial Homes, Inc.
  325 So. 2d 421· Fla. 4th DCA· 1976-01-23 ·cited 2×
  A sub-contractor sued to enforce a mechanic's lien against a property owner, but the trial court dismissed the complaint with prejudice. The appellate court affirmed the dismissal due to insufficient pleading but reversed the prejudicial dismissal to allow the sub-contractor an o
• Houston v. Mentelos
  318 So. 2d 427· Fla. 3d DCA· 1975-07-22 ·cited 2×
  Marie Houston appealed a trial court judgment that upheld a mortgage held by Henry Gordon, despite finding the underlying warranty deed fraudulently obtained. The appellate court held the deed was void rather than merely voidable due to fraud, but nonetheless granted Gordon an eq
• Indus. Supply Corp. of Orlando v. SEA World OF Fla., Inc.
  314 So. 2d 643· Fla. 4th DCA· 1975-06-20 ·cited 2×
  Industrial Supply Corporation appealed a summary judgment granted against it in a mechanic's lien foreclosure action. The court reversed, holding that a materialman furnishing materials to a sub-subcontractor who complies with statutory procedural requirements is entitled to a me
• Dykema v. Trans State Indus., Inc.
  303 So. 2d 52· Fla. 2d DCA· 1974-11-13 ·cited 2×
  Architect Dykema filed a statutory lien claim against property after not being paid for design services, but failed to file suit within the 60-day period required by Florida law. When he later sought equitable relief, the trial court properly struck his equitable lien claim becau
• In re Armstrong Glass Co., Inc. v. Luedeka
  502 F.2d 159· 6th Cir.· 1974-08-29 ·cited 2×
  Services rendered to a prior equity receiver, even if not incurred after bankruptcy filing, are entitled to priority status in a superseding bankruptcy to the extent they benefited the estate, and the bankrupt was not denied due process.
• Fiberchem, Inc. v. Gen. Plastics Corp.
  495 F.2d 737· 9th Cir.· 1974-04-09 ·cited 2×
  The court held that the majority's reliance on latent equity and Poggi was misplaced, and that the case should be remanded for findings on unjust enrichment.
• Ginsburg v. Motsinger
  290 So. 2d 509· Fla. 2d DCA· 1974-02-20 ·cited 2×
  This case involves a dispute over a real estate contract where the buyer, Motsinger, failed to obtain specific rezoning for mobile homes, which was a condition for a $50,000 promissory note. The appellate court reversed the summary judgment, finding that Motsinger's alleged instr
• Merrill Lynch v. Clayton
  488 F.2d 974· 5th Cir.· 1974-01-21 ·cited 2×
  The court held that an innocent gratuitous transferee is liable for the value of the property at the time of sale if it exceeds the value at the time of receipt, up to the amount of unjust enrichment.
• Ament v. Ament
  278 So. 2d 330· Fla. 3d DCA· 1973-05-29 ·cited 2×
  James E. Ament appealed a trial court judgment denying his request to impose a constructive trust on real property purchased by his son and daughter-in-law with a $5,000 loan. The trial court found in favor of the daughter-in-law but imposed a personal judgment against the son fo