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

• Ness Racquet Club, LLC v. Renzi Holdings, Inc.
  959 So. 2d 758· Fla. 3d DCA· 2007-05-23 ·cited 1×
  Ness Racquet Club sought certiorari review to discharge a lis pendens filed by Renzi Holdings against property owned by Ness. The court granted the petition and ordered discharge, holding that an unrecorded service agreement cannot support the filing of a lis pendens because it d
• Summit Claims Mgmt., Inc. v. Lawyers Express Trucking, Inc.
  944 So. 2d 339· Fla.· 2006-11-22 ·cited 1×
• Aristides Pelecanos and Vassiliki Barbatsi v. City OF Hallandale Beach
  914 So. 2d 1044· Fla. 4th DCA· 2005-11-23 ·cited 1×
  The Fourth District Court of Appeal reversed a trial court's imposition of an equitable lien on homestead property, holding that an equitable lien cannot be imposed against homestead property unless funds obtained through fraud or egregious conduct were used to purchase or improv
• Space Gateway Support v. Prieth
  371 F. Supp. 2d 1364· M.D. Fla.· 2005-05-25 ·cited 1×
  The court held that a plaintiff stated a claim for equitable relief under ERISA for reimbursement from settlement proceeds, but a federal common law claim for unjust enrichment is not permitted under ERISA.
• Verena von Mitschke-Collande v. Kramer
  869 So. 2d 1246· Fla. 3d DCA· 2004-04-07 ·cited 1×
  The Heirs of Siegfried Otto appeal the discharge of a lis pendens filed against two Star Island parcels in Miami Beach. The court reverses, holding that the Heirs established a fair nexus between the property and their constructive trust claim based on a 1995 settlement agreement
• Williams v. Aloisi
  271 B.R. 676· M.D. Fla.· 2002-01-15 ·cited 1×
  The court affirmed the bankruptcy court's denial of relief from the automatic stay but reversed and remanded the denial of equitable relief against the debtor's home, requiring further findings on the debtor's knowledge of the use of stolen funds.
• Emardo Mercado and Eloisa Mercado v. Lion's Enters., Inc.
  800 So. 2d 753· Fla. 5th DCA· 2001-12-14 ·cited 1×
  The court held that summary judgment was improper because genuine issues of material fact remain regarding the accuracy of the alleged indebtedness and the parties' agreement.
• O'Neill v. Linares
  705 So. 2d 699· Fla. 3d DCA· 1998-02-04 ·cited 1×
• Elise C. Robertson v. Forrest Cobb and Sylvia O. Cobb
  695 So. 2d 507· Fla. 5th DCA· 1997-06-13 ·cited 1×
  Robertson appeals a judgment finding her unrecorded equitable lien inferior to a recorded mortgage and seeking reversal of awarded attorney's fees to the mortgagee. The court affirmed, holding that the mortgagee had no actual or constructive notice of Robertson's lien, making it
• Duval Fed. Sav. & Loan Ass'n v. Hallmark Builders, Inc.
  519 So. 2d 1035· Fla. 5th DCA· 1988-01-14 ·cited 1×
• Hobco, Inc. v. Tallahassee Assocs.
  807 F.2d 1529· 11th Cir.· 1987-01-08 ·cited 1×
  The court held that an equitable lien arose to secure the portion of the purchase price not covered by the executed second mortgage, specifically related to the rental achievement holdback. The court also affirmed the lower court's reduction of Hobco's liability under the rental
• Noti v. Holiday
  458 So. 2d 795· Fla. 3d DCA· 1984-10-16 ·cited 1×
• Vera v. Garcia
  390 So. 2d 797· Fla. 3d DCA· 1980-12-02 ·cited 1×
  Barbara Vera appealed an order denying her motion to vacate a final foreclosure judgment on a chattel mortgage for a boat. The court held that the plaintiff's subsequent filing of an amended complaint, reply pleading, and taking of the defendant's deposition did not waive the ben
• J. Batt, Inc. v. Wellington Constr. & Realty, Inc.
  379 So. 2d 461· Fla. 4th DCA· 1980-02-06 ·cited 1×
  A plumbing contractor appealed a partial summary judgment dismissing mechanic's and equitable lien claims and an accompanying mandatory injunction requiring removal of filed liens. The appellate court dismissed for lack of jurisdiction, finding the order non-final and the injunct
• Belghaus v. Polcar
  356 So. 2d 44· Fla. 2d DCA· 1978-03-08 ·cited 1×
• Kirkland v. Kirkland
  253 So. 2d 728· Fla. 3d DCA· 1971-10-26 ·cited 1×
  The court reviewed an order concerning a former husband's claim of homestead exemption on his current residence, which was being levied to satisfy child support arrearages, and the validity of a prior sheriff's sale of his interest in the former marital home.
• Deigaard & Preston Builders, Inc. v. Lyons
  167 So. 2d 776· Fla. 3d DCA· 1964-09-22 ·cited 1×
  A building contractor sought an equitable lien and recovery on a promissory note and construction contract for work on a hospital and professional building. The trial court awarded the contractor $15,591.80 on the note plus an equitable lien of $4,300, while allowing a $7,200 set
• Krusen Land & Timber Co. v. Tampa Suburban Corp.
  118 Fla. 173· Fla.· 1935-01-18 ·cited 1×
  Krusen Land & Timber Co. concerns the proper joinder of multiple plaintiffs in an equity action and the right of multiple claimants to assert equitable liens against a commingled mass of manufactured lumber that resulted from defendant's unlawful processing of their timbers. The
• Richard B. Carpenter and wife v. McBride
  3 Fla. 292· Fla.· 1850-01-01 ·cited 1×
  In this 1850 Florida Supreme Court case, the court addresses whether a guardian can transfer property rights belonging to his minor wards to secure his own debts. The court held that a guardian cannot alienate trust funds to pay personal debts, and that a creditor who accepts suc
• James B. Martin, Inc. v. Moore
  Fla. 4th DCA· 2026-07-01
  A defective notice of commencement does not invalidate a properly recorded and served claim of lien against an owner in privity with the contractor; the defect merely affects the lien's priority date. Work commenced within ninety days when the contractor took measurements and ord
• Amerant Bank, N.A. v. D.R. Horton, Inc.
  Fla. 3d DCA· 2026-04-20
  A trial court does not abuse its discretion in granting relief from a default judgment under Rule 1.540(b)(1) when the defendant establishes excusable neglect resulting from internal procedural failures, demonstrates meritorious defenses through a draft answer with affirmative de
• Iskyo Aronov v. Sound Connection Distribs., Inc.
  2026 Fla. App. LEXIS 2719· Fla. 4th DCA· 2026-04-08
  The court affirmed dismissal of claims barred by the statute of frauds (relating to real property transfer), claims based on an incomplete written contract, and declaratory relief claims, but reversed dismissal of breach of oral contract and unjust enrichment claims alleging Aron
• In re the Niki & Darren Irrevocable Tr. & the N & D Del. Irrevocable Tr. C.A. No. 2019-0302-Bwd
  Del. Ch.· 2025-11-19
  The Court of Chancery dismissed Darren's counterclaims and crossclaims for breach of fiduciary duty, civil conspiracy, and aiding and abetting breach of fiduciary duty. The Court found that Darren's own conduct in orchestrating and facilitating the invalid trust decanting preclud
• Cauble v. Kaczmarski
  421 So. 3d 776· Fla. 3d DCA· 2025-09-17
  An out-of-possession cotenant is entitled to a credit for at least half of carrying costs borne by the in-possession cotenant and may present expert testimony on fair market rental value to offset the in-possession cotenant's contribution claims.
• Liudmila Golubtsova v. Budaev
  Fla. 3d DCA· 2025-09-10
  A notice of lis pendens is improper when the lawsuit's primary purpose is to recover money damages and the action does not directly affect the title to or right of possession of real property. The trial court did not abuse its discretion in dissolving the lis pendens where the co
• Enhabit, Inc. v. Nautic P'rs IX, L.P.
  Del. Ch.· 2025-05-14
  The court issued an order implementing a constructive trust remedy, resolving disputes over its scope and operation. The court declined to restrict defendants' ability to sell equity, excluded management fees from 'Proceeds' absent evidence of unfairness, and clarified that distr
• Doe v. Vazquez
  M.D. Fla.· 2025-04-14
  The court granted in part Plaintiff's motion to commence proceedings supplementary, allowing impleader of third parties upon proper filing of notices.
• Ramindesign, LLC v. Skarzynski
  S.D. Fla.· 2025-01-23
  Ramindesign, LLC contracted with Jacek Skarzynski to plan and develop a luxury home in Miami, but the parties disputed whether Ramindesign had committed material breaches of the contract when payment stopped mid-project. The court recommended denying Ramindesign's motion to strik
• Golubtsova v. Notarycam, Inc.
  S.D. Fla.· 2024-12-30
  The court held that a lis pendens must be dissolved because the plaintiff failed to establish a fair nexus between the property and the underlying action, as the claim supporting it was barred by collateral estoppel and federal jurisdiction was precluded by the Rooker-Feldman doc
• Davidson v. Dees
  Fla. 2d DCA· 2024-12-27
  A judgment that grants unrequested relief and eliminates a party's rights without notice or opportunity to be heard violates due process and is void. A circuit court must grant a motion for relief from judgment under Florida Rule of Civil Procedure 1.540 when the judgment was ent
• Bonsignori v. Boulay
  Fla. 2d DCA· 2024-12-27
  Rule 12.540(b)(5) relief requires new post-judgment circumstances that make prospective application of the judgment inequitable; where a final judgment defers resolution of a debt to pending litigation and the parties subsequently resolve that debt through their own litigation ch
• Roxana Quintana v. Rodriguez Fam. Inv. P'ship, LLLP
  Fla. 3d DCA· 2024-12-11
  Equitable estoppel cannot toll the five-year limitation period in section 95.281(1), Florida Statutes, because section 95.281 is a statute of repose that explicitly prohibits extension by any method other than a recorded extension agreement executed by both parties. The mortgagor
• Fernandez v. Old Republic Nat'l Title Ins. Co.
  Fla. 3d DCA· 2024-12-04
  An insurer's duty to defend is determined by the allegations in the operative complaint, and when an insured relies on a policy exclusion to deny coverage, the insurer bears the burden of demonstrating that the allegations are cast solely and entirely within the exclusion. The re
• Csab Mortgage-Backed Pass-Through Certificates v. Clarke
  Fla. 4th DCA· 2024-11-20
  CSAB, a mortgage trustee, appealed a final judgment dismissing its equitable lien action against borrowers Clarke and Prinsen. The court affirmed the dismissal, holding that CSAB's attempt to impose an equitable lien based on an incorrect property description was barred by collat
• Lopez v. Lopez
  Fla. 3d DCA· 2024-10-23
  An order dismissing a complaint with leave to amend is interlocutory and non-final, lacking appellate jurisdiction, because judicial labor has not ended and the trial court retains authority to consider amended pleadings.
• Fuller v. Carollo
  S.D. Fla.· 2024-10-23
  The court affirmed the Magistrate Judge's Report and Recommendation, overruling the Plaintiffs' objections and adopting the recommendation to deny the claim of an equitable lien on the Defendant's homestead property.
• Ramindesign, LLC v. Skarzynski
  S.D. Fla.· 2024-10-16
  The court granted in part and denied in part the motion to dismiss, dismissing Count III without prejudice for failure to state a claim and granting leave to amend, while denying dismissal for Counts V and VI based on independent tort doctrine, ownership, and notice.
• Freed v. Ceci Int'l LLC
  Fla. 3d DCA· 2024-07-24
  A trial court must consider and make findings regarding each of the six Kozel factors before dismissing a case as a sanction for failure to comply with discovery deadlines, and failure to do so requires reversal and remand.
• QR Triptych, LLC. v. LV Midtown, LLC.
  S.D. Fla.· 2024-04-12
  QR Triptych, LLC appealed a bankruptcy court order that enjoined it from seeking in rem relief against commercial property following its sale in bankruptcy. The district court dismissed the appeal as moot, finding that a favorable decision would not provide meaningful relief beca
• Lemano Invs., LLC v. RGF Athena, LLC
  390 So. 3d 154· Fla. 3d DCA· 2024-04-03
  Deeds procured by fraud are voidable in equity, and a corporation that wholly entrusts a transaction to an agent bears the risk that the agent's knowledge of misconduct will be imputed to the corporation under the sole actor doctrine, rendering the bona fide purchaser defense ina
• Lemano Invs., LLC v. RGF Athena, LLC
  390 So. 3d 154· Fla. 3d DCA· 2024-04-03
  Lemano Investments appeals summary judgment in favor of RGF Athena in a property ownership dispute. The court affirmed, holding that RGF Athena had superior title to two Miami properties that were fraudulently transferred by Frederic Henry, a manager of both companies, without au
• Kritzman v. Kritzman
  Fla. 3d DCA· 2024-02-28
  The trial court's order establishing $4,000 monthly alimony payments was affirmed, but the court reversed the portion directing $2,000 monthly payments from the former husband's 401(k) accounts because it was premised on an equitable lien that had been previously reversed.
• Muller v. Zaibet
  S.D. Fla.· 2024-02-20
  The court adopted the Magistrate Judge's Report and Recommendation, granting dismissal for wire fraud, mail fraud, and civil RICO claims against certain defendants, while allowing unjust enrichment claims to proceed and dismissing an equitable lien claim.
• Muller v. Zaibet
  S.D. Fla.· 2023-10-27
  The court adopted the magistrate judge's recommendation to dissolve the notices of lis pendens, finding that the plaintiffs failed to establish a sufficient nexus between their claims and the properties in question.
• Ekaterina Zakharova v. Innovative Techs. & Consulting Ltd. Corp.
  Fla. 3d DCA· 2023-08-30
  A trial court has authority to extend a notice of lis pendens beyond the one-year statutory period if the movant provides reasonable notice and establishes good cause, regardless of when the motion is filed. The trial court erred in treating the motion as procedurally barred simp
• Drummond v. Alsaloussi
  S.D. Fla.· 2023-06-13
  The court held that the plaintiff failed to establish a fair nexus between his claims and the properties, thus the notices of lis pendens were improperly filed and must be discharged.
• Johnson v. Bank of Am., N.A.
  Fla. 1st DCA· 2023-04-05
  The appellate court affirmed the trial court's decision to grant an equitable lien on a home to Bank of America. The court held that the statute of limitations did not bar the bank's claim because the appellant had not yet incurred an obligation or liability related to the revers
• THE Est. of Hollie A. Carter v. William Rambaum, P. A.
  Fla. 2d DCA· 2023-03-10
  The appellate court reversed a trial court's order awarding an additional 5% in attorney fees. The court found that the contingency fee agreement only allowed for this additional fee if appellate proceedings or post-judgment actions were required for recovery on the original judg
• Unlimited Turf, LLC v. CP Global Consulting, Inc.
  Fla. 3d DCA· 2023-02-22
  The trial court abused its discretion in dismissing the complaint for fraud on the court because it failed to make findings demonstrating clear and convincing evidence of fraud, and the complaint stated sufficient ultimate facts to support claims for equitable lien and unjust enr
• Schell Bros., LLC v. Pickard
  Del. Ch.· 2023-02-16
  The Court of Chancery recommended denial of the motion to dismiss, finding that the purchase agreement and employee addendum constituted an integrated agreement supported by valid consideration and were not illusory. The court reasoned that all writings part of the same transacti