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
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Fla. 3d DCA·
2022-08-31
Service of process by publication under Florida Statute § 49.011 is not authorized in an action seeking monetary damages for breach of contract. A complaint that seeks only breach of contract damages, rather than enforcement of an equitable lien, cannot support jurisdiction obtai
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Fla. 4th DCA·
2022-07-27
The appellate court affirmed most of the trial court's judgment regarding fraudulent transfers and equitable liens but reversed the decision preventing foreclosure on a homestead property purchased with fraudulently obtained funds. This clarifies that homestead protections do not
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M.D. Fla.·
2022-03-10
The court held that a supplemental complaint alleging fraudulent transfers and other claims constitutes an independent civil action, warranting a case management order and a stay of discovery. The court also found good cause and unusual circumstances to grant the stay.
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Fla. 4th DCA·
2021-12-22
Wilmington Savings Fund Society (Christiana Trust), as successor mortgagee, appeals an order granting rehearing and imposing an equitable lien for receivership fees on a condominium unit. The court reverses, holding that the safe harbor provision of Florida Statutes § 718.116(1)(
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Fla. 3d DCA·
2021-06-30
SG 2901, LLC appeals a judgment awarding Complimenti, Inc. payment for services rendered during condominium renovations. SG argues Complimenti was an unlicensed contractor barred by statute from enforcing the contract. The court affirmed, finding that Complimenti acted as an owne
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M.D. Fla.·
2021-04-09
The court held that the plaintiff's motion to transfer venue to the Middle District of Florida is granted because changed circumstances have rendered the original venue improper and the Middle District is a more convenient and appropriate forum.
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S.D. Fla.·
2021-04-09
The court held that the plaintiff's motion to transfer venue to the Middle District of Florida should be granted because changed circumstances made the original venue improper and the Middle District is a more convenient and appropriate forum.
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Fla. 4th DCA·
2021-02-24
An equitable lien may be imposed on property purchased by a third party during pendency of litigation, but the trial court must specify the lien's amount, and arguments not raised at trial are not preserved for appellate review.
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Fla. 4th DCA·
2021-01-06
Summary judgment was improper in a civil theft action because material factual disputes existed regarding whether the defendant stole funds, acted with felonious intent, and forged checks, and because the plaintiff must prove civil theft by undisputed clear and convincing evidenc
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Fla. 4th DCA·
2020-12-16
A trial court's written final judgment must conform to its oral pronouncement; when the written judgment fails to address a claim that was ruled upon orally, the case must be remanded for entry of an amended judgment reflecting the oral ruling.
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Fla. 4th DCA·
2020-12-09
A circuit court lacks jurisdiction to impose a constructive trust and/or equitable lien on a former marital home in the context of a family law case.
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Fla. 2d DCA·
2020-12-09
The appellate court reversed a lower court's decision that stripped a mortgage from a home. The court found the trial court erred by granting relief based on fraud, which was not pleaded by the homeowners, and by not requiring proof that the lender participated in or was aware of
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Del. Super. Ct.·
2020-10-30
The Superior Court dismissed Lehman Brothers Holdings, Inc.'s and Sweetwater Point, LLC's complaints, finding their claims time-barred by the applicable statute of limitations. The court held that the "discovery rule" and "inquiry notice" principles meant that the limitations per
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S.D. Fla.·
2020-09-14
Foreign nationals who invested millions of dollars in an EB-5 immigrant investor program allegedly run by Joseph Walsh sued the defendants for fraud, alleging their investment funds were diverted through a fraudulent "fake escrow account" at PNC Bank instead of being used for the
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S.D. Fla.·
2020-08-18
Plaintiff Alexandr Kozyrev sued defendants Dmitry Ponomarenko and Fatima Esenova for breach of contract and unjust enrichment based on an alleged multi-million-dollar loan agreement. The district court found that Kozyrev and Ponomarenko engaged in bad faith by making inconsistent
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Fla. 2d DCA·
2020-07-17
The appellate court reversed a portion of a judgment against an individual contractor, David Witters, finding that the claim of lien he filed was not unambiguously signed in his individual capacity. The court affirmed the remainder of the judgment against his company, Witters Con
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Del. Ch.·
2020-05-07
The Court of Chancery granted in part and denied in part the defendants' motion to dismiss. The court found that the plaintiff stated claims for breach of contract, specific performance, and declaratory judgment. However, the court dismissed the claims for fraud, unjust enrichmen
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S.D. Fla.·
2020-01-31
The court held that Amanda Finley is not entitled to an equitable lien on the property because she is not the proper party to assert the claim and Florida law precludes her from doing so, and even if she were, the rebate of a real estate commission does not give rise to an equita
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271 So. 3d 1181·
Fla. 3d DCA·
2019-04-24
A trial court abuses its discretion when it imposes an equitable lien on homestead property without competent, substantial evidence of fraudulent or egregious conduct by the party benefiting from the homestead protection. On remand, if the trial court reconsiders the equitable li
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272 So. 3d 466·
Fla. 3d DCA·
2019-03-27
Summary judgment for foreclosure and on the standing issue must be reversed because genuine issues of material fact exist regarding whether the property owner retained sufficient ownership interest after executing a purchase and sale contract.
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Fla. 3d DCA·
2019-03-06
The Court affirmed the trial court's judgment.
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265 So. 3d 698·
Fla. 4th DCA·
2019-02-27
Appellants challenge a final summary judgment granting an equitable subrogation lien to U.S. Bank Trust for a 2003 refinance on a mortgage originally signed by both spouses in 2001. The appellants contest both the validity of the equitable subrogation claim and the amount of the
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253 So. 3d 1172·
Fla. 5th DCA·
2018-08-10
A court cannot impose an equitable lien to recover attorney fees when there is no statutory, contractual, or rule-based authorization for such fees.
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Fla. 5th DCA·
2018-08-06
A court cannot use an equitable lien or other equitable remedy to indirectly award attorney fees when it lacks direct statutory, rule-based, or contractual authority to award them. The trial court's imposition of an equitable lien consisting almost entirely of the prevailing part
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250 So. 3d 747·
Fla. 2d DCA·
2018-06-22
While an equitable lien may be imposed through subrogation when a party discharges another's debt, foreclosure of that lien is improper unless the party seeking foreclosure demonstrates that the original debtor was in default on the underlying obligation at the time the debt was
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239 So. 3d 702·
Fla. 4th DCA·
2018-01-10
A party waives its arguments on appeal when it fails to appear or contest relief sought prior to issuance of a final order, even if served with process in the underlying lawsuit.
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232 So. 3d 418·
Fla. 4th DCA·
2017-11-29
The court held that the appellant was not entitled to Florida's homestead exemption because she was not a permanent resident, and therefore, an equitable lien could be imposed on the property.
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Del. Ch.·
2017-08-29
The Court recommends granting summary judgment in favor of Deutsche Bank, finding that the defendant, George Edward Kennedy, will be unjustly enriched if the equitable mortgage lien on the property is not enforced. The Court also recommends denying Deutsche Bank's motions for def
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219 So. 3d 948·
Fla. 3d DCA·
2017-05-31
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211 So. 3d 140·
Fla. 4th DCA·
2017-02-08
A former wife appeals a qualified domestic relations order (QDRO) enforcing a dissolution judgment. The court affirmed the enforcement of an equalization payment obligation but reversed the trial court's award of an equitable lien on the former wife's retirement benefits interest
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208 So. 3d 156·
Fla. 3d DCA·
2016-10-13
HSBC Bank sought to foreclose on a mortgage executed by Margaret Frenkel, an individual, to secure a loan, but the property was actually owned by the Frenkel Trust. After the trial court denied foreclosure but imposed an equitable lien on the Trust's property and awarded attorney
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Del. Super. Ct.·
2015-09-29
The Delaware Superior Court granted summary judgment for the defendants, finding that the plaintiff corporation, Gateway Estates, Inc., had waived its right to challenge a sheriff's sale due to inexcusable delay after acquiring actual knowledge of the sale. The court also held th
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201 So. 3d 72·
Fla. 3d DCA·
2015-09-02
Wells Fargo sought to foreclose on a residential mortgage executed by only one of four property owners. The trial court entered a foreclosure judgment against all four owners based on the doctrine of ratification but stayed enforcement as to two owners while the property remained
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162 So. 3d 257·
Fla. 2d DCA·
2015-03-06
Gail Fern, as trustee, appeals a judgment requiring her to pay special assessments to her homeowners' association for unauthorized structural repairs. The court reverses, holding that the association failed to establish that Fern's defense—that she should not pay for repairs exce
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136 So. 3d 1272·
Fla. 5th DCA·
2014-04-25
The court held that a contractual right to recover liquidated damages for failure to complete infrastructure projects does not provide a basis for a vendor's lien superior to a purchase-money mortgage.
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112 So. 3d 563·
Fla. 4th DCA·
2013-04-10
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126 So. 3d 297·
Fla. 3d DCA·
2013-03-06
Great Lakes Reinsurance appeals the trial court's denial of its motion for directed verdict on Joe Harry Branam Sr.'s breach of contract claim regarding an insured fishing vessel damaged during a 2007 hijacking. The court reversed, holding that Branam lacked authority to file ins
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106 So. 3d 950·
Fla. 3d DCA·
2013-01-02
The court held that a junior mortgage holder's interest is not extinguished until the filing of a certificate of sale, not merely upon the entry of a foreclosure judgment.
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100 So. 3d 95·
Fla. 3d DCA·
2012-08-22
The Shermans, who held a second mortgage, appeal a judgment granting Deutsche Bank's predecessor (WaMu) an equitable lien with priority over their duly-recorded mortgage based on equitable subrogation. The court reversed, finding that application of equitable subrogation harmed t
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712 F. Supp. 2d 206·
S.D. Fla.·
2012-08-21
The court held that it lacked federal jurisdiction to adjudicate a former attorney's charging lien because the dispute was not ancillary to the main litigation and did not arise from work performed in the case. Furthermore, under Florida law, the lien was defective due to untimel
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86 So. 3d 1262·
Fla. 4th DCA·
2012-05-09
Bank of Montreal and Harris Bank appealed a directed verdict for the defendant wife of an embezzler, arguing the trial court wrongly excluded the embezzler's partial deposition and guilty plea. The court reversed, holding that under Florida Rule of Civil Procedure 1.330, a deposi
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83 So. 3d 1014·
Fla. 2d DCA·
2012-04-04
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82 So. 3d 831·
Fla. 4th DCA·
2011-04-06
The Surtains sought certiorari review of a trial court order that dissolved their notice of lis pendens on property they alleged Landmark Custom Ranches unjustly enriched itself from through improvements they made. The appellate court held that the trial court erred by granting t
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44 So. 3d 179·
Fla. 3d DCA·
2010-09-01
Empire Ocean Residence Realty sought certiorari review of a trial court order denying lis pendens bonds in a fraud and equitable lien case. The Florida District Court of Appeal held that when a party seeking a lis pendens bond demonstrates likely damages attributable to the lis p
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Del. Ch.·
2010-09-01
The Court held that there was no enforceable oral contract for the sale of the cottage, as David, a necessary party, never agreed to the sale. Furthermore, the plaintiff waived any interest in the cottage by accepting his full estate distribution in cash. The court also found tha
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29 So. 3d 352·
Fla. 3d DCA·
2010-02-17
Defendants appealed a $80 million judgment for civil theft awarded jointly and severally after a bench trial. The court affirmed, holding that the civil theft count properly included all defendants despite its title referring only to Castillo individually, based on the complaint'
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14 So. 3d 260·
Fla. 3d DCA·
2009-07-29
SEED, a commercial real estate seller, appeals an interlocutory order that dissolved a lis pendens filed by broker SDR to cloud title but simultaneously imposed an equitable lien on sale proceeds to secure the brokerage commission. The Third District Court of Appeal reversed, hol
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985 So. 2d 700·
Fla. 4th DCA·
2008-07-09
The Fourth District Court of Appeal quashed an order disqualifying defense counsel for alleged conflict of interest. The court held that although an attorney-client relationship existed between the former attorney and the plaintiff, the plaintiff failed to show that the current l
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1997 WL 629827·
S.D. Fla.·
2008-06-13
The court denied the motion for class certification because the plaintiffs failed to satisfy the predominance requirement of Federal Rule of Civil Procedure 23(b)(3), as individual issues regarding causation predominated over common issues.
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387 B.R. 641·
M.D. Fla.·
2008-04-28
The court affirmed the bankruptcy court's imposition of an equitable lien on the debtors' condominium and its determination that a cabana was property of the bankruptcy estate, not subject to homestead exemption.