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

• Dodd v. Schimpf
  419 So. 2d 664· Fla. 3d DCA· 1982-08-10
  The Dodds fraudulently used money entrusted to them by three investors to purchase 80 acres of land in Dade County, Florida, contrary to the express purposes for which the funds were transferred. The trial court imposed a constructive trust on the property in favor of the investo
• Wiggins v. Feltus M. Leinenweber
  404 So. 2d 778· Fla. 1st DCA· 1981-09-29
  In a dispute over mortgage liability following bankruptcy sales of mortgaged property, the Florida District Court of Appeal reversed the trial court's determination that the Wiggins purchased their property subject to the entire mortgage lien, holding instead that property purcha
• Newby v. Newby
  403 So. 2d 562· Fla. 3d DCA· 1981-09-08
  The court affirmed the dismissal of the counterclaim based on the doctrine of interspousal immunity, as mandated by Florida law.
• Reed v. Cassie Dyal
  397 So. 2d 389· Fla. 1st DCA· 1981-04-22
  Trial court correctly imposed an equitable lien and foreclosed on appellants' property for a $15,000 loan advanced for home repairs, though the court erred in awarding attorney's fees.
• Camps v. Cardenas
  389 So. 2d 320· Fla. 3d DCA· 1980-10-21
  The trial court's refusal to dismiss the mechanics lien count was harmless error because the court retained subject matter jurisdiction through a valid equitable lien claim and rendered a money judgment on the breach of contract claim, and appellants waived any right to arbitrati
• Peerless Elec. Co., Inc. v. Goldberger
  386 So. 2d 1299· Fla. 4th DCA· 1980-08-20
  This case involves a subcontractor's appeal regarding payment for construction work and the imposition of a lien. The appellate court affirmed the denial of a lien but reversed a set-off against the subcontractor's awarded payment, remanding for a corrected judgment.
• Carnie Invs., Inc. v. Alpert
  385 So. 2d 192· Fla. 4th DCA· 1980-07-11
  The court denied the appellants' motion for emergency relief and motion to shorten the time for the appellees' answer brief.
• Grindlays Bank Ltd. v. Charles Bassett & Assocs., Inc.
  378 So. 2d 69· Fla. 1st DCA· 1979-12-11
  The trial court erred in imposing an equitable lien instead of a statutory mechanic's lien where the defendant performed surveying services based on apparent authority and the property owner's agent's representations of commitment to pay.
• Hallmark Mfg. Inc. v. Lujack Constr. Co., Inc.
  372 So. 2d 520· Fla. 4th DCA· 1979-06-27
  Hallmark Manufacturing sought an equitable lien on real property and filed a notice of lis pendens based solely on Lujack's alleged breach of contract for unpaid labor and materials. The Florida Fourth District Court of Appeal reversed the trial court's denials of Lujack's motion
• United States v. Palmer
  588 F.2d 732· 9th Cir.· 1978-12-26
  The court held that the government was entitled to an equitable lien on the funds for defense costs when the defendant failed to list the asset.
• Buckley Towers Condo., Inc. v. Buchwald
  48 Fla. Supp. 14· Dade Cty. Cir. Ct.· 1978-08-11
  Buckley Towers Condominium Association sued to invalidate a 1968 recreation lease as unconscionable and fraudulent, seeking rescission and restitution. The court granted summary judgment for defendants, finding the action time-barred by Florida's statute of limitations and barred
• Millard R. Everhart v. Everhart
  360 So. 2d 1319· Fla. 2d DCA· 1978-08-02
  The court affirmed the trial court's award of a one-third interest in Key Packaging Company to the wife based on special equity, but reversed the grant of an equitable lien on the shares as duplicative and erroneous.
• McPHERSON v. Jeffery and Flora Redding
  357 So. 2d 737· Fla. 3d DCA· 1978-04-04
  McPherson appeals the trial court's dismissal of his counterclaim for damages based on trespass and property destruction. The court affirmed the dismissal, holding that the issues raised in the counterclaim had already been litigated and resolved in the prior proceeding, and that
• Cent. Nat'l Bank OF Cleveland v. Carylyn Becker King & Lloyd R. Wade for the Sally Ann King Tr. # 1
  573 F.2d 669· 10th Cir.· 1978-03-30
  The appellate court affirmed the trial court's decision, holding that the trial court's findings of fact were not clearly erroneous and were supported by the record.
• Gen. Ins. Co. OF Am. v. Lowry
  570 F.2d 120· 6th Cir.· 1978-02-15
  The court held that the Ohio Uniform Commercial Code's priority provisions do not preclude an equitable lien under unusual circumstances, particularly when good faith is lacking.
• In re Lela & Co., Inc.
  D.D.C.· 1977-01-06
  The court held that petitioners, who invested in limited partnerships whose funds were diverted to Lela, Inc., were creditors eligible to file an involuntary Chapter X reorganization petition because they held an equitable lien against Lela's property, not merely an interest in h
• Orlando Cent. Park, Inc. v. Master Door Co. OF Orlando, Inc.
  338 So. 2d 259· Fla. 4th DCA· 1976-10-15
• Blair v. Commissioner OF Internal Revenue
  538 F.2d 155· 7th Cir.· 1976-07-12
  A tax deed is invalid and a tax sale right is extinguished when condemnation proceedings are completed after the tax sale but before the tax deed is issued, with the tax lien being substituted by an equitable lien on the condemnation award.
• The Mead Corp. v. Abeles
  530 F.2d 38· 5th Cir.· 1976-04-15
  The court held that a tenant does not have an equitable lien against leased premises for repair costs when the landlord fails to pay, and a subsequent purchaser is not personally liable for such prior breaches.
• Elmando Sewer v. Martin
  511 F.2d 1134· 3d Cir.· 1975-03-03
  A grantor's lien can be imposed on property even if the grantee's spouse, who handled the transaction, was unaware of the full consideration, and the spouse holding title is not considered a bona fide purchaser if they abdicated responsibility.
• Lopez Terrazzo & Tile, Inc. v. Cooper
  302 So. 2d 784· Fla. 3d DCA· 1974-10-15
  Lopez Terrazzo & Tile, a subcontractor, appealed a judgment denying its statutory mechanic's lien and equitable lien on a Key West building project. The court affirmed the denial of the equitable lien but reversed and remanded regarding the statutory lien claim, finding that whil
• Martin v. Burning Foot Ltd.
  40 Fla. Supp. 8· Fla. Cir. Ct.· 1973-10-12
  The court addresses whether a real estate broker can file a lis pendens based on a vendor's lien when the brokerage agreement does not explicitly state that the commission is to be paid from the sale proceeds. The court holds that a vendor's lien requires the commission to be par
• Cipolato v. Hayden
  266 So. 2d 397· Fla. 3d DCA· 1972-09-19
  In this interlocutory appeal, the court affirmed an order denying defendants' motion to dismiss a second amended complaint that included allegations supporting a claim for punitive damages in an equity case. The court did not rule on the merits of the punitive damages claim itsel
• Hensel Phelps Constr. Co. v. Gen. Signal Corp.
  460 F.2d 109· 10th Cir.· 1972-05-30
  The court held that work performed within six months of filing suit constituted substantial completion, making the suit timely filed under the statute of limitations.
• Moore v. Groves
  37 Fla. Supp. 58· Broward Cty. Cir. Ct.· 1972-03-01
  A woman living in a meretricious relationship with a man sought an equitable lien against his estate based on alleged contributions of money and labor toward property they occupied together. The court denied her claim, finding insufficient evidence of a binding agreement and that
• United States v. Ingemar Johansson
  447 F.2d 702· 5th Cir.· 1971-08-23
  Individuals who controlled a corporation and violated court orders compelling the turnover of funds for tax payment can be held personally liable for the unpaid taxes, even if they claim offsets based on alleged oral contracts or voluntary advances.
• United States v. McCONKEY
  430 F.2d 652· 9th Cir.· 1970-07-27
  The court held that a mortgage executed by a husband on community real property without his wife's joinder is void under Idaho law, and the doctrine of equitable estoppel cannot be invoked absent deception or negligence by the non-joining spouse.
• Ten Corp. of Orlando v. Barnes
  33 Fla. Supp. 169· Broward Cty. Cir. Ct.· 1969-12-01
  A judgment creditor sought to satisfy a deficiency judgment against a debtor who had no attachable legal assets by pursuing the debtor's equitable interests through a creditor's bill. The court held that the debtor's option to purchase securities and his interest as an heir in hi
• Fixel v. Steingold
  226 So. 2d 269· Fla. 3d DCA· 1969-09-09
  Fixel loaned money to a corporation and sought an equitable lien on property owned by the Steingolds to secure the debt. The trial court denied the equitable lien claim but entered judgment on the promissory notes. The appellate court affirmed, holding that an equitable lien coul
• Bryan v. First Nat'l Bank OF Wauchula
  217 So. 2d 129· Fla. 2d DCA· 1968-12-20
  The court affirmed a judgment voiding a crop lien executed by mortgage debtors to their attorney after foreclosure proceedings had commenced and judgment entered. The court held that a crop lien executed after default in a prior real estate mortgage and after foreclosure judgment
• Fla. First Corp. & Harry M. Bertine, Jr. v. Cesery
  404 F.2d 257· 5th Cir.· 1968-11-25
  The court held that appellants were not entitled to an equitable trust or lien for their commission as a cost of administration because the commission was earned pre-petition and the referee did not authorize the expense.
• Sahrad Kerkochian, Jr. v. Shields
  394 F.2d 174· 9th Cir.· 1968-04-29
  The court held that the facts and circumstances did not evidence an injustice to the appellant under the rulings of the Referee or the District Court.
• Nat'l Indem. Co. v. Richard M. Banks & Iona Coleman Banks
  376 F.2d 533· 5th Cir.· 1967-04-27
  A vendee in possession under a contract for sale, who has paid part of the purchase price, has an insurable equitable interest in the property that can be valued and secured by an equitable lien, even if the vendor cannot convey clear title.
• First Sec. Bank OF Idaho v. Crouse
  374 F.2d 17· 10th Cir.· 1967-03-07
  A prior recorded chattel mortgage, noted on the title, has priority over a subsequent garageman's lien for repairs under Colorado law.
• Guar. Mortg. & Ins. Co. v. Harris
  182 So. 2d 450· Fla. 1st DCA· 1966-01-13
  Guaranty Mortgage appealed a foreclosure decree that granted it an equitable lien on mortgaged property but directed all proceeds to be paid to Harris, who had an earlier equitable pledge of the mortgages. The court held that Guaranty Mortgage, as an assignee of defaulted negotia
• Frank v. Groo
  176 So. 2d 119· Fla. 2d DCA· 1965-05-28
  Frank, as trustee and owner of land, appeals a final decree granting an equitable lien to engineering plaintiffs who performed subdivision services benefiting his property through an option holder corporation in which he held a financial interest. The court affirms, holding that
• Peltz v. First Nat'l Bank of Miami
  24 Fla. Supp. 170· Dade Cty. Cir. Ct.· 1965-04-09
  In this quiet title action, the court determined that an 'Agreement Not to Encumber or Transfer Property' executed by third parties did not create an equitable lien or mortgage on the plaintiff's real property in Dade County, Florida. The court granted the plaintiff's motion for
• United States v. Hous. Auth. OF the City OF Derby
  331 F.2d 959· 2d Cir.· 1964-05-08
  The court held that members of the Housing Authority were under no duty to pay deposits allocated to certain housing projects to the United States on account of a prior judgment.
• Mac Mermell and his wife v. McKINLEY
  158 So. 2d 142· Fla. 2d DCA· 1963-11-27
  In this equity case, the trial court dismissed plaintiff's third amended complaint for failing to allege a cause of action in equity and transferred the case to the law side with leave to file an amended complaint. The defendants appealed the transfer, arguing the plaintiff canno
• Klausner v. Ader
  156 So. 2d 193· Fla. 3d DCA· 1963-09-24
  A valid judgment, even if erroneous, is not subject to collateral attack and binds the parties' interests in property.
• Pitcher Constr. Co., Inc. v. United States ex rel. Wright Bros. Constr. Co.
  322 F.2d 843· 9th Cir.· 1963-09-19
  The court held that the law firm did not establish a statutory or common law attorney's lien because the bank, acting as a trustee, was not an 'adverse party' under the statute, and Alaska law does not recognize non-statutory attorney liens.
• Freeman v. NEW Smyrna Enters., Inc.
  135 So. 2d 452· Fla. 1st DCA· 1961-12-12
  Freeman, a mortgagee who paid property taxes to protect his mortgage interest, appeals a quiet title decree denying him any lien for those payments. The court holds that Freeman is entitled to an equitable lien for taxes paid before the 1955 statute of limitations amendment, but
• Winston v. Ahlman
  131 So. 2d 487· Fla. 2d DCA· 1961-05-26
  In this declaratory relief action, the court upheld a vendor's lien in favor of a real estate broker for unpaid commissions that were to be paid by purchasers as part of the purchase price consideration. The court applied the principle that when purchasers assume a vendor's oblig
• Kelly v. Ferretti
  128 So. 2d 885· Fla. 1st DCA· 1961-04-20
  The court held that the contract did not grant the night club the right to reproduce Glenn Miller's performances, nor did it entitle the plaintiff to recover for misappropriation.
• Ivie v. Atlas Subsidiaries OF Fla., Inc.
  128 So. 2d 172· Fla. 2d DCA· 1961-03-29
  The Florida District Court of Appeal reversed a lower court's decision that granted a mechanic's lien to a plaintiff who had purchased a note and mortgage. The appellate court found that the contractor was not entitled to a mechanic's lien and therefore could not assign one to th
• Chaachou v. Chaachou (No. 2)
  17 Fla. Supp. 8· Dade Cty. Cir. Ct.· 1960-12-02
  This is a divorce case between Fredericka Phillips Chaachou and Khudourie Chaachou, where the wife seeks divorce on grounds of extreme cruelty, alimony, special equities in four Miami Beach hotels and a residence, and attorney's fees. The court found the existence of a common law
• Penzi v. David
  122 So. 2d 635· Fla. 2d DCA· 1960-09-02
  The court held that factual findings of the trial court regarding a wife's lack of notice and separation from her husband are binding on appeal if supported by substantial evidence.
• Seaward v. Jacksonville Terminal Co.
  17 Fla. Supp. 5· Duval Cty. Cir. Ct.· 1960-06-17
  The court held that the Railroad Retirement Board is entitled to reimbursement from the employee's recovery, and the employee's claim to the disputed sum is denied.
• Loomis v. Ivy Baker Priest
  274 F.2d 513· 5th Cir.· 1960-02-08
  The court held that the plaintiff's action was barred by the statute of limitations under the Trading With The Enemy Act because it was not filed within two years of the vesting of the fund by the Alien Property Custodian.
• Duane v. Marcellus Staley and Dave Starr
  98 So. 2d 74· Fla.· 1957-10-25
  Occupancy of premises evidenced by construction of a building or erection of a tool shed with visible indicia of ownership constitutes constructive notice of an adverse claim to land, sufficient to put a subsequent judgment creditor on notice to inquire.