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

• In re the NEW York
  479 F.2d 8· 2d Cir.· 1973-05-10 ·cited 2×
  The court held that compensation for court-appointed counsel not acting for the trustee does not require prior ICC approval under § 77(c)(2). The appeal regarding disbursement claims for other counsel was dismissed as moot because the claims were voluntarily submitted to the ICC.
• Lohman v. Gen. Am. Life Ins. Co.
  478 F.2d 719· 8th Cir.· 1973-04-20 ·cited 2×
  The court held that the district court did not abuse its discretion in vacating a prior dismissal order and that sufficient evidence supported the jury's verdict of accidental death, affirming the judgment.
• Cape Cave Corp. v. Adams Constr. Equip. Corp.
  256 So. 2d 413· Fla. 2d DCA· 1972-01-12 ·cited 2×
• In re Penn Cent. Transp. Co.
  454 F.2d 210· 3d Cir.· 1972-01-03 ·cited 2×
  The court held that the appeals should be dismissed without prejudice and the proceedings remanded to the district court to allow appellants to apply for modification of a prior order.
• C. D. Constr. Corp. v. Commissioner OF Internal Revenue
  451 F.2d 470· 4th Cir.· 1971-11-30 ·cited 2×
  C. D. Construction is liable as a transferee for Charles Town's unpaid taxes because Fairmount, which transferred assets to C. D. Construction, was liable as a stockholder receiving corporate distributions without adequate consideration.
• M & M Invs., Inc. v. Bethlehem Steel Corp.
  250 So. 2d 324· Fla. 4th DCA· 1971-06-25 ·cited 2×
  M & M Investments appeals a trial court judgment awarding money damages on a cross-claim that pleaded only equitable relief (mechanic's lien or equitable lien). The court reversed, holding that a trial court cannot award purely legal relief when only equitable relief is pled and
• Acme Elec. Contractors, Inc. v. Duffey
  243 So. 2d 459· Fla. 4th DCA· 1971-01-27 ·cited 2×
  ACME Electrical Contractors sought to enforce a statutory lien for labor on electrical equipment installed in a hotel, but the lien was held inferior to two prior recorded real estate mortgages containing after-acquired personal property clauses. The court affirmed the foreclosur
• Richardson v. VAN Dolah
  429 F.2d 912· 9th Cir.· 1970-07-21 ·cited 2×
  The court held that the trial court erred in decreeing rescission without allowing the vendor a reasonable opportunity to perfect title, and that evidence of the purchaser's actual notice of title defects should have been admitted.
• Bankers Life & Cas. Co. v. Carol City Utils., Inc.
  216 So. 2d 808· Fla. 3d DCA· 1968-12-11 ·cited 2×
  Bankers Life and Casualty Company challenged a trial court decree that rejected its claim to foreclose on deeds to property in Carol City, Florida, holding instead that the parties had formed a joint venture rather than a creditor-debtor relationship. The court affirmed, finding
• In re Matthews Assocs., Inc.
  394 F.2d 101· 3d Cir.· 1968-05-09 ·cited 2×
  The court held that a New Jersey statute creating a trust fund for materialmen does not apply to funds collected by a bankruptcy trustee after the subcontractor's bankruptcy, as the statute only covers funds actually received by the subcontractor.
• The Citizens & S. Nat'l Bank v. Taylor
  191 So. 2d 866· Fla. 1st DCA· 1966-11-15 ·cited 2×
  A bank appealed the dismissal of its equity complaint seeking to impress a lien on a house that the defendants allegedly moved to different property to defraud the bank of its security interest. The court reversed, holding that the complaint stated a valid cause of action in equi
• Midtown Bank OF Miami v. The Travelers Indem. Co.
  366 F.2d 459· 5th Cir.· 1966-09-20 ·cited 2×
  A surety's equitable lien on funds due its principal is superior to subsequent assignments, but this priority is defeated if the principal's creditor receives payment without notice of the surety's claim or the principal's default.
• W. URN Mfg. Co. v. Am. Pipe & Steel Corp.
  308 F.2d 333· D.C. Cir.· 1962-04-12 ·cited 2×
  The court held that the trial judge erred in denying appellants leave to amend their complaint and in dismissing the action, as the appellants were entitled to amend their complaint to show a basis for jurisdiction based on the developed facts.
• Yafanaro v. Ninos
  123 So. 2d 286· Fla. 2d DCA· 1960-09-28 ·cited 2×
  The court held that the trial court's finding that the defendant's negligence was not a cause in fact of the plaintiff's injury was not clearly erroneous.
• Mickel-Hopkins, Inc. v. Jordan J. Frassinetti in Bankruptcy of the estate of James Harold Coble
  278 F.2d 301· 4th Cir.· 1960-04-28 ·cited 2×
  A defectively recorded instrument, despite obscuring title retention clauses, can still create a valid lien if the indexing and instrument details are sufficient to put a prudent examiner on inquiry under North Carolina law.
• Francis J. Curtis in Bankr. for The Tam Corp. v. Knox
  254 F.2d 433· 7th Cir.· 1958-03-05 ·cited 2×
  The court held that the trial court erred in not granting a new trial on the issue of excessive damages, and that a new trial should be limited to determining the value of after-acquired property.
• SAN Juan Uranium Corp. v. Wolfe
  241 F.2d 121· 10th Cir.· 1957-01-02 ·cited 2×
  The court held that a corporation has a claim against its promoters for fraud when subsequent investors are deceived, even if initial promoters technically assented to the transaction.
• Alegre v. Marine Motor Sales Corp.
  228 F.2d 713· 5th Cir.· 1956-01-17 ·cited 2×
  The court held that the state court's judgment rescinding the contract was conditioned on the debtor's payment, and thus the rescission was not complete until payment was made.
• Seiden v. Southland Chenilles', Inc.
  195 F.2d 899· 5th Cir.· 1952-03-22 ·cited 2×
  The court held that the Georgia Court of Ordinary lacked jurisdiction to award corporate stock as a year's support to non-resident beneficiaries because the stock's situs was the owner's domicile, not Georgia.
• Rosenbaum v. Century Indem. Co. in re Ultimite Corp.
  168 F.2d 917· 2d Cir.· 1948-07-07 ·cited 2×
  The court held that an equitable lien held by a surety is subordinate to the legal liens of a judgment creditor and a trustee in bankruptcy under New York law.
• In re Berlin. Appeal of Berlin
  147 F.2d 491· 3d Cir.· 1945-02-08 ·cited 2×
  The court held that the Pennsylvania Act of June 27, 1939, validated liens noted on a motor vehicle's certificate of title, making them adequate notice to creditors even without possession.
• Kaufman v. E. Baking Co.
  146 F.2d 826· 1st Cir.· 1945-01-19 ·cited 2×
  The court held that the Massachusetts Superior Court had jurisdiction to grant an equitable lien, and that the sale enforcing this lien was not a voidable preference under the Bankruptcy Act.
• Howard v. Jennings
  146 F.2d 332· 8th Cir.· 1944-12-20 ·cited 2×
  A Missouri statute voiding spendthrift trust provisions against claims for alimony and child support applies to foreign divorce decrees, but only to the extent of accrued, final judgments, not future installments subject to modification.
• Redmond v. United Funds Mgmt. Corp.
  144 F.2d 155· 8th Cir.· 1944-07-24 ·cited 2×
  The court held that the bankruptcy court did not abuse its discretion in denying intervention, as it has the power to adjudicate claims within its jurisdiction and the appellants could seek relief there.
• Ickes v. Ledbetter
  135 F.2d 658· D.C. Cir.· 1943-04-26 ·cited 2×
  Mandamus was an appropriate remedy to compel the Secretary of the Interior to pay funds determined by prior state and federal court judgments to belong to the appellee, Ledbetter, as trustee.
• Zumwalt v. Goodwin
  133 F.2d 984· 10th Cir.· 1943-01-19 ·cited 2×
  The court held that an agreement to grant a second mortgage does not constitute notice of a vendor's lien for unpaid purchase price, and a bona fide mortgagee without notice of such lien takes priority.
• Fletcher v. Maupin
  129 F.2d 46· D.C. Cir.· 1942-06-15 ·cited 2×
  The court held that the government's requisition of the property was valid, and the appellant's quitclaim deed did not transfer the right to the interest fund. Therefore, the appellant had no claim to the fund.
• Lane v. Sch. Dist. of City of Monessen
  120 F.2d 479· 3d Cir.· 1941-05-28 ·cited 2×
  A pledge of securities to a depositor, completed shortly before a national bank's insolvency, is not void as a preference if made pursuant to an earlier agreement and the pledgee acted in good faith.
• Armstrong v. Duron W. Browning & Reliance Life Ins. Co. of Pittsburgh
  126 Fla. 304· Fla.· 1936-11-23 ·cited 2×
  The Florida Supreme Court affirmed a lower court's decree that an absolute assignment of a life insurance policy was actually a lien to secure repayment of advanced premiums. The court found the allegations sufficient and the evidence ample to support the decree.
• Springfield Fire & Marine Ins. Co. v. Mrs. J. J. Shea
  124 Fla. 450· Fla.· 1936-06-01 ·cited 2×
  Springfield Fire & Marine Insurance Company sought to void a fire insurance policy issued to Mrs. J. J. Shea based on a contractual clause voiding coverage if foreclosure proceedings were commenced on mortgaged property. The Florida Supreme Court held that the underlying lawsuit
• Soderberg v. Harriett A. Davis
  118 Fla. 288· Fla.· 1935-01-25 ·cited 2×
  The Florida Supreme Court affirmed a foreclosure decree on a vendor's lien for unpaid purchase money, holding that the three-year statute of limitations does not bar enforcement of a vendor's lien when the vendor retains legal title under an unexecuted land contract and the vende
• J. B. Brownlow and his wife v. W. T. Harrison, Inc.
  102 Fla. 446· Fla.· 1931-07-09 ·cited 2×
  The Florida Supreme Court affirmed a decree establishing a vendor's lien on land purchased by Brownlow, who had agreed to pay the purchase price by delivering promissory notes but fraudulently withheld one note worth $1,000 that he had previously transferred to his daughter. The
• Euphemia Kelliher and Patrick F. Kelliher v. Kennard
  75 Fla. 665· Fla.· 1918-05-10 ·cited 2×
  The Florida Supreme Court reversed an order overruling a demurrer in an equity action seeking to charge a married woman's separate real property for the value of architectural plans and specifications. The court held that under the Florida Constitution, a married woman's separate
• Boyd v. Gosser
  68 Fla. 395· Fla.· 1914-11-24 ·cited 2×
  The Florida Supreme Court reversed a lower court's decision sustaining a demurrer to an equity bill brought by administrators of W.T. Boyd's estate against Lillian M. Gosser. The court held that Boyd, who paid off two mortgages on Gosser's property pursuant to a power of attorney
• Loring v. Dunning & Palmer
  16 Fla. 119· Fla.· 1877-01-01 ·cited 2×
  In this creditor's bill, the Florida Supreme Court upheld a decree treating a conveyance of property by judgment debtor Mrs. Carr to Caleb Loring as constructively fraudulent and imposing a lien on the property to the extent of consideration paid by Loring, rather than allowing a
• Allen & Farrar & Otis Allen v. The Freedman's Sav. & Tr. Co.
  14 Fla. 418· Fla.· 1874-01-01 ·cited 2×
  The Florida Supreme Court upheld a judgment for the Freedman's Savings and Trust Company against Allen & Farrar for money advanced through draft discounting, but reversed the lower court's appointment of a receiver and issuance of an injunction, finding these provisional remedies
• Perry v. Turner
  365 So. 3d 1222· Fla. 2d DCA· 2023-06-30 ·cited 1×
  The appellate court affirmed a trial court's decision to deny a man's counterclaim for equitable relief. The court held that the man could not recover assets he transferred to his former partner because he did so to evade creditors, specifically his ex-wife for child support, thu
• Quest Sys., LLC v. A Home of MY OWN, LLC
  356 So. 3d 300· Fla. 2d DCA· 2023-02-08 ·cited 1×
  The appellate court reversed an order vacating a judicial sale, holding that the buyer failed to present sufficient evidence to justify setting aside the sale. The buyer's claim of ignorance regarding a superior mortgage was insufficient without evidence linking it to the sale or
• Kritzman v. Kritzman
  357 So. 3d 205· Fla. 3d DCA· 2023-02-01 ·cited 1×
  A trial court must set forth specific findings of special circumstances, the payor spouse's ability to afford the security, and whether the security applies only to arrearages or to future payments before imposing an equitable lien on retirement accounts to secure alimony.
• Condor, S.A. v. THE Plurinational State of Bolivia
  352 So. 3d 921· Fla. 3d DCA· 2022-12-07 ·cited 1×
• Isauro Campani v. Bankunited, N.A.
  47 Fla. L. Weekly D1589· Fla. 3d DCA· 2022-10-12 ·cited 1×
• Dinh Nguyen v. HOA Nguyen
  337 So. 3d 896· Fla. 5th DCA· 2022-03-31 ·cited 1×
  Dinh Nguyen appeals orders denying his motion to vacate default judgments and a judicial sale of property in an eviction action. The court held that the county court lacked subject matter jurisdiction because the counterclaim seeking damages exceeding $15,000 should have triggere
• Publix Super Mkts., Inc. v. Figareau
  2021 WL 2065434· M.D. Fla.· 2021-09-14 ·cited 1×·via Imposition Of Equitable Lien
  A court cannot award attorney's fees against counsel under ERISA's fee-shifting provision, 29 U.S.C. § 1132(g)(1), even if counsel is named as a party, as the statute is not intended to sanction attorney misconduct.
• Flinn v. Doty
  275 So. 3d 671· Fla. 4th DCA· 2019-07-10 ·cited 1×
  A party who forecloses on property to satisfy equitable liens and obtains a judicial sale has elected that remedy and cannot thereafter obtain a money judgment for the entire lien amount; the party must pursue a deficiency decree instead.
• Delta Aggregate, LLC v. Hermes Hialeah Warehouse, LLC
  266 So. 3d 248· Fla. 4th DCA· 2019-03-06 ·cited 1×
  The appellate court granted certiorari review and quashed a lower court's order denying a motion to discharge a lis pendens. The court found that the claim for an equitable lien, which supported the lis pendens, lacked the required "fair nexus" to the property and that the plaint
• Olaechea v. Olaechea
  260 So. 3d 387· Fla. 3d DCA· 2018-11-21 ·cited 1×
  An equitable lien may be imposed on homestead property where funds obtained through fraud were used to purchase the homestead, even where one spouse was not a party to the fraud.
• Johnson v. Townsend
  259 So. 3d 851· Fla. 4th DCA· 2018-10-24 ·cited 1×
  The court declined to reconsider its decision but certified a question of great public importance to the Florida Supreme Court regarding the treatment of a surviving spouse's vested community property rights in probate estate claims procedures.
• Wright v. Czariki
  142 So. 3d 924· Fla. 2d DCA· 2014-07-11 ·cited 1×
  Mary Ellen Wright appealed a trial court judgment in a breach of contract and foreclosure action against the Czarikis, who purchased her business and real property. The appellate court affirmed the right to foreclose on the real property but reversed and remanded on all other iss
• RC Aluminum Indus., Inc. v. Regions Bank
  127 So. 3d 881· Fla. 3d DCA· 2013-12-04 ·cited 1×
  RC Aluminum appealed the dismissal of its complaint seeking an equitable lien on construction loan proceeds and unjust enrichment against Regions Bank. The appellate court reversed, holding that the trial court improperly considered facts outside the complaint when ruling on the
• Castetter v. Henderson
  113 So. 3d 153· Fla. 5th DCA· 2013-05-24 ·cited 1×
  Clayton Castetter appeals a trial court judgment imposing a constructive trust giving Michelle Henderson a one-half interest in seventeen parcels of real property titled solely in Castetter's name. The appellate court reversed, finding no competent evidence supported the construc