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

• Sell v. Sell
  949 So. 2d 1108· Fla. 3d DCA· 2007-02-14
  A former wife appeals a trial court's refusal to award her attorneys' fees from the proceeds of the marital home sale. The appellate court reverses, holding that attorneys' fees incurred as a direct result of the former husband's reprehensible and contemptuous conduct may be impo
• Md. Sound Indus., Inc. v. Simmons
  845 So. 2d 922· Fla. 4th DCA· 2003-04-09
  The court reversed a trial court's equitable distribution order that excluded $100,000 in non-economic damages from a workers' compensation insurer's lien calculation. The Fourth District held that under Maryland law, an insurer's subrogation lien attaches to the entire settlemen
• Ramon Pacheco & Assoc., Inc. v. Betancourt Castellon Assoc., Inc.
  820 So. 2d 948· Fla. 3d DCA· 2002-05-01
  Ramon Pacheco & Associates appeals the denial of its motion to compel arbitration of a third-party indemnification claim arising from allegations of defective architectural plans. The court held that the third-party indemnity claim arises out of the architectural services agreeme
• Partridge v. Partridge
  790 So. 2d 1280· Fla. 4th DCA· 2001-08-15
  This case involves an appeal from a summary judgment allowing the foreclosure of an equitable lien on a former marital home to satisfy alimony arrearages. The appellate court reversed the summary judgment, finding insufficient evidence to overcome the homestead exemption and that
• Svato Hieke v. Hieke
  782 So. 2d 443· Fla. 4th DCA· 2001-03-07
  A trial court may award a special equity lien against a party's homestead property, even if it subjects the property to a forced sale, to secure an ownership interest.
• Combs v. Combs
  768 So. 2d 1256· Fla. 1st DCA· 2000-10-17
  In a dissolution of marriage case, the Florida District Court of Appeal reversed the trial court's award of an equitable lien in company stock to the former wife, finding it impractical and effectively worthless because it gave the former husband indefinite control over when paym
• Dan Reeves & the Apalachicola State Bank v. Atkins
  741 So. 2d 1202· Fla. 1st DCA· 1999-09-22
  The Florida First District Court of Appeal granted a petition for certiorari and vacated a circuit court's reversal of a county court order, holding that the circuit court erred by applying the four-corners standard for motions to dismiss after the parties had voluntarily proceed
• Gilley v. Farm Serv. Agency (In Re Gilley)
  291 B.R. 557· M.D. Fla.· 1999-06-22
  The court held that settlement proceeds from property damage to homesteaded farm lands constitute security for mortgage liens, and the FSA is entitled to an equitable lien on these proceeds.
• Simonetti v. Porter
  731 So. 2d 785· Fla. 2d DCA· 1999-04-16
  The court held that the trial court erred in granting an equitable lien because the record contained no evidence to establish the elements of an equitable lien and the judgment improperly created a lien in favor of nonparties.
• Chase Manhattan Mortg. Corp. v. Suarez
  732 So. 2d 394· Fla. 3d DCA· 1999-03-24
• Wal-Mart Stores, Inc. v. Ewell Indus., Inc.
  694 So. 2d 756· Fla. 1st DCA· 1997-04-01
  Wal-Mart appeals a trial court judgment imposing an equitable lien in favor of Ewell Industries for unpaid materials supplied to a Sam's Club construction project. The appellate court reverses, holding that an equitable lien under Florida law requires proof of intent to defraud,
• Fed. Deposit Ins. Corp. for First Am. Bank & Tr. v. Levine
  674 So. 2d 744· Fla. 4th DCA· 1996-01-03
  The FDIC as receiver for First American Bank appealed a trial court decision denying it the right to repudiate a 1987 deed in lieu of foreclosure agreement with the Levines. The appellate court affirmed orders requiring the FDIC to release escrowed funds and affirmed a contempt f
• Gordon v. Ruvin
  664 So. 2d 1078· Fla. 3d DCA· 1995-12-06
  The court held that Florida Statute Section 55.10(6) permits an equitable lien to be transferred from real property to a surety bond, even without the lienholder's consent.
• Millender & Sons Seafood, Inc. v. Brown Marine Serv., Inc.
  656 So. 2d 193· Fla. 1st DCA· 1995-05-12
  Millender and Sons Seafood appeals the dismissal of its complaint against Brown Marine Service, alleging that Brown conspired with the Branches to settle a collision claim without protecting Millender's security interest in the damaged vessel. The appellate court reversed, findin
• Askanase v. Livingwell, Inc.
  981 F.2d 807· 5th Cir.· 1993-01-22
  The court held that it lacked appellate jurisdiction because the lower court's order was not a final judgment and was not properly certified for appeal.
• Sharpe, Inc. v. Neil Spear, Inc.
  611 So. 2d 66· Fla. 1st DCA· 1992-12-30
  Sharpe, Inc., a general contractor on a public school construction project, appeals an equitable lien imposed in favor of Neil Spear, Inc., a sub-subcontractor not in privity with Sharpe. The court reverses, holding that Florida Statute § 255.05(2) precludes any action against a
• In re Paeplow
  972 F.2d 730· 7th Cir.· 1992-08-10
  A creditor cannot pursue an in rem action against a debtor's entirety property post-discharge if they failed to obtain a judicial lien against that property prior to the discharge.
• Sec. Pac. Mortg. & Real Est. Servs., Inc. v. The Republic OF the Philippines
  962 F.2d 204· 2d Cir.· 1992-04-24
  The court held that Nico Construction Company failed to demonstrate a cognizable interest in the foreclosure litigation to justify intervention as a matter of right.
• Liberty Int'l, Inc. v. Water Place, Inc.
  597 So. 2d 410· Fla. 3d DCA· 1992-04-21
  Liberty International, a restaurant equipment supplier, appeals the dismissal of its unjust enrichment counterclaim against Water Place, a shopping center owner. The court reversed, holding that Liberty stated a valid cause of action for equitable lien and that material issues of
• United States v. 717.42 Acres OF Land
  955 F.2d 376· 5th Cir.· 1992-03-12
  The court held that the Assignment of Claims Act does not void a conveyance of a condemnation award after payment into court, and that attorneys' liens have priority over the government's potential setoff claims against a dissolved corporation's sole shareholder.
• Bonneville Power Administration v. Wash. Pub. Power Supply Sys.
  956 F.2d 1497· 9th Cir.· 1992-02-25
  The court held that the Bond Resolution permits proportional cost sharing between twin projects, not incremental cost sharing, and reversed the district court's contrary determination. The court also held that bondholders are not entitled to a lien on dissipated bond proceeds.
• USA Fin. Servs., Inc. v. Steward
  588 So. 2d 299· Fla. 1st DCA· 1991-11-01
  The appellate court reversed a final judgment that found a constructive trust lien on real property superior to a perfected security interest in a mobile home affixed to that property.
• United States v. J.D. Grainger Co., Inc.
  945 F.2d 259· 9th Cir.· 1991-09-18
  The court held that the subcontractor's notice did not create a choate lien on the collateral, and therefore the IRS's tax lien had priority.
• Burden v. Versman
  934 F.2d 164· 8th Cir.· 1991-05-24
  The court held that the transfers of Universal's assets were not bona fide transfers in the ordinary course of business, entitling the creditors to an equitable lien on the transferred property.
• Harth v. LEO
  576 So. 2d 1347· Fla. 2d DCA· 1991-03-29
  The court held that the trial court correctly awarded an equitable lien to the bank but erred in not sufficiently detailing the lien's terms.
• Warten v. Caguas Cent. Fed. Sav. Bank of Puerto RICO
  567 So. 2d 42· Fla. 3d DCA· 1990-09-25
  The Third District Court of Appeal affirmed a temporary injunction issued in supplementary proceedings to execute on an unsatisfied judgment. The court held that the trial court properly issued the injunction to prevent dissipation of assets and that the plaintiff had shown a lik
• In re Siesta Sands Dev. Corp.
  M.D. Fla.· 1990-08-14
• Yarbrough v. ABE Rosenberg, P.A.
  565 So. 2d 363· Fla. 4th DCA· 1990-07-25
  A charging lien cannot be imposed on a client's real estate for unpaid attorney fees when the fee agreement does not make payment contingent on recovery or arising from it.
• Rich v. Arthur C. (Tony) Gulliver
  564 So. 2d 578· Fla. 3d DCA· 1990-07-24
  In this appeal from a bench trial, the plaintiff Rich sought specific performance of an oral contract to sell real property. The trial court dismissed the complaint, finding the contract barred by the statute of frauds and unenforceable due to uncertain terms. The appellate court
• In re Mitchell v. Arnold and Kathy A. Arnold
  908 F.2d 52· 6th Cir.· 1990-07-11
  The court held that payments made by a contractor to a material supplier were not property of the bankrupt subcontractor's estate because the contractor had an independent contractual obligation to the supplier.
• Madonna Corp. & Delverde, Inc. v. Fed. Deposit Ins. Corp.
  563 So. 2d 763· Fla. 2d DCA· 1990-06-15
  Madonna Corp. and Tierra Verde, a joint venture, appealed the trial court's grant of summary judgment to the FDIC in a mortgage foreclosure dispute. The court affirmed, holding that federal law under 12 U.S.C. § 1823(e) precluded Tierra Verde's claims that an unrecorded deed in l
• Lewis v. Thomas J. and Linda M. Diethorn
  893 F.2d 648· 3d Cir.· 1990-01-12
  The court held that the payment made by the debtor to the defendants was not an avoidable preferential transfer because it was a contemporaneous exchange for new value and also satisfied an equitable lien under state law.
• Buffalo Tank Corp. v. Env't Control Equip., Inc.
  544 So. 2d 1037· Fla. 2d DCA· 1989-05-12
  The court affirmed the dismissal of a claim for an equitable lien against a city, despite finding the trial court erred in its reasoning for dismissal, because the funds had already been disbursed.
• F.D.I.C. v. W. Hugh Meyer & Assocs., Inc.
  864 F.2d 371· 5th Cir.· 1989-02-01
  A security interest in certificated securities under Texas law requires the secured party to obtain possession of the securities.
• Jorritsma v. Tymac Controls Corp.
  864 F.2d 597· 8th Cir.· 1988-12-22
  The court held that Jorritsma had a common-law lien on the demonstrator equipment, precluding a conversion claim.
• Price Dev. Co. v. Redev. Agency OF the City OF Chino
  852 F.2d 1123· 9th Cir.· 1988-07-22
  The court held that specific performance of the reimbursement provision was not available because the Agency lacked legal authority to impose the required assessment or development fee, and other equitable claims were barred by the contract's exclusive remedy clause.
• Burnett v. ROY Martin Constr., Inc.
  847 F.2d 704· 11th Cir.· 1988-06-16
  The divorce decree barred F.C. Burnett from conveying the entire interest in the realty to Roy Martin, despite Mildred Burnett not recording her claim.
• L.M. Adamson v. First Fed. Sav. & Loan Ass'n of Andalusia
  519 So. 2d 1036· Fla. 1st DCA· 1988-01-15
  L.M. Adamson Construction Company appealed a foreclosure judgment in which the trial court found that First Federal's construction mortgage and purchase money mortgage had priority over Adamson's mechanic's lien on certain property. The court reversed as to the purchase money mor
• A.N. Drew, Inc. v. Frenchy's World Famous Cajun Cafe, Inc.
  517 So. 2d 766· Fla. 1st DCA· 1988-01-05
  The court held that the allegations in Count I were sufficient to state a cause of action for foreclosure of a mechanic's lien, but Counts II and IV were insufficient.
• City OF Fort Myers v. Ingram
  516 So. 2d 69· Fla. 2d DCA· 1987-12-02
  The City of Fort Myers Neighborhood Redevelopment Agency appealed a trial court judgment that cancelled a mortgage and imposed an equitable lien instead. The appellate court reversed the cancellation of the mortgage and remanded for the trial court to reconsider the amount of the
• Delbros Mach. & Tool Co., Inc. v. Bd. OF Trs. OF THE Internal Improvement Fund Of The State of Fla.
  512 So. 2d 1131· Fla. 4th DCA· 1987-09-23
  A tenant's complaint seeking an equitable lien for improvements made to leased property states a cause of action for equitable relief despite the landlord's acquisition of the property through forfeiture proceedings.
• Door Sys., Inc. v. Vitolo
  507 So. 2d 169· Fla. 4th DCA· 1987-05-13
  Door Systems appeals the dismissal of Count II of its complaint, which sought to impress and foreclose an equitable lien on real estate. The court reversed the dismissal and remanded for the plaintiff to replead, finding that while the complaint as framed was deficient, a cause o
• Active Fire Sprinkler Corp. v. The United States Postal Serv. & John T. Brady & Co.
  811 F.2d 747· 2d Cir.· 1987-02-03
  The court held that the Postal Reorganization Act's 'sue and be sued' clause waives sovereign immunity for USPS, and that an unpaid subcontractor retains an equitable interest in the contract balance that supersedes the surety's subrogated rights, even if the subcontractor missed
• SUN Bank, N.A. v. Ernestina L. Solares and Nydia Del Valle
  481 So. 2d 507· Fla. 5th DCA· 1985-12-19
• Mooring v. Brown
  763 F.2d 386· 10th Cir.· 1985-05-28
  A recorded judgment lien is superior to the rights of subsequent purchasers and improvers, even if they are unaware of the lien, unless they qualify as good faith improvers based on a reasonable, non-negligent mistake.
• Moore v. Schraw
  455 So. 2d 605· Fla. 5th DCA· 1984-09-06
  Moore appeals the trial court's order vacating a default judgment entered against Schraw and Schraw Realty for failure to respond to a breach of contract complaint. The appellate court reverses, holding that the default was properly entered without notice and that defendants fail
• First Am. Title Ins. Co. v. Kessler
  452 So. 2d 35· Fla. 3d DCA· 1984-05-08
  First American Title Insurance Company appeals a summary judgment awarding Harold Kessler $478,400 under title insurance policies. The court reverses, finding genuine issues of material fact regarding whether defects in title were assumed or agreed to by co-beneficiaries, whether
• AETNA Cas. & Sur. Co. & Emil Morton v. Pollock
  449 So. 2d 1289· Fla. 3d DCA· 1984-03-27
  The court held that the Bank satisfied its obligations under the second judgment by delivering a quit-claim deed, and therefore the supersedeas bond should not be used to satisfy the prior money judgment.
• Vannoy Banks v. Steinhardt
  427 So. 2d 1054· Fla. 4th DCA· 1983-03-09
  The court held that dismissing the quantum meruit claim was error, requiring reversal and remand for further proceedings. The award of attorney fees and costs was also reversed.
• Lake Frances Ests., Inc. v. Toole
  424 So. 2d 986· Fla. 5th DCA· 1983-01-12
  The court held that parties are entitled to adjudication of their legal rights based on their pleadings, and the trial court erred by creating an equitable lien without a prayer for it.