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

• Dickenson v. Tallulah Sharpe
  94 Fla. 25· Fla.· 1927-06-16 ·cited 42×
  The Florida Supreme Court held that a decree for permanent alimony does not constitute a lien on the real estate of the husband against whom it is rendered, even when filed as required by law. The Court reversed the lower court's decision overruling a demurrer to Tallulah Sharpe'
• Trans-Bay Eng'rs & Builders, Inc. v. Hills
  D.D.C.· 1976-12-30 ·cited 41×
  The court held that Trans-Bay is conditionally entitled to recover retained construction funds under equitable doctrines, reversing summary judgment for HUD and Advance.
• Savage v. Horne
  159 Fla. 301· Fla.· 1947-07-18 ·cited 41×
  In this equity case, the Florida Supreme Court reversed the trial court's dismissal of a complaint seeking rescission of a land purchase contract and accounting for monies paid. The court held that when a vendor repudiates a contract and refuses performance while retaining both t
• Mrs. Matilda Sonneman v. Tuszynski
  139 Fla. 824· Fla.· 1939-07-25 ·cited 41×
  Matilda Sonneman, an elderly German immigrant, sought compensation for money she advanced and domestic services she performed for William Tuszynski over approximately a decade, based on his alleged promise to support her for life. The Florida Supreme Court held that she had an eq
• In re Downtown Props., Ltd. v. Hartman
  794 F.2d 647· 11th Cir.· 1986-07-24 ·cited 40×
  The bankruptcy court's finding of mutual mistake was clearly erroneous because the parties, particularly the second mortgagee, were aware of the potential for additional insurance proceeds when entering the consent decree.
• Condor Merritt et ux. v. Unkefer
  223 So. 2d 723· Fla.· 1969-02-19 ·cited 40×
  The Florida Supreme Court reversed the District Court of Appeal's decision allowing an architect to pursue an equitable lien on property for unpaid services. The Court held that absent fraud, misrepresentation, or similar equitable circumstances beyond those alleged, courts canno
• Doing v. Riley
  176 F.2d 449· 5th Cir.· 1949-07-22 ·cited 40×
  The court held that while no estate by the entireties was created in the hotel furnishings or real estate, and the husband had no right to elect against the will, equity should impose a constructive trust on the joint adventure property to reflect the parties' contributions and p
• Johnson v. Craig
  158 Fla. 254· Fla.· 1946-09-20 ·cited 39×
  Johnson claims an interest in real estate acquired by Craig, asserting a co-tenancy was created. The Chancellor found a resulting trust in Johnson's favor for an undivided one-half interest based on the joint credit used to purchase the property, despite title being taken in Crai
• Marcus Garvey Square, Inc. v. Winston Burnett Constr. Co. OF Cal., Inc.
  595 F.2d 1126· 9th Cir.· 1979-01-18 ·cited 38×
  The dissenting judge would find that jurisdiction existed and the general contractor is entitled to recover contractually retained percentages and unpaid progress payments.
• Leslie S. Bowden in Bankr. for the Est. of Frank T. Hickey, Inc. v. United States for the use of Emmett J. Malloy
  239 F.2d 572· 9th Cir.· 1956-12-31 ·cited 38×
  The court held that a letter from a subcontractor to the prime contractor, authorizing payment to a supplier, does not constitute sufficient written notice under the Miller Act for the supplier to sue on the payment bond, as the notice must be sent by or on the authority of the s
• Cent. States Corp. v. Luther
  215 F.2d 38· 10th Cir.· 1954-08-13 ·cited 38×
  The bankruptcy court lacks jurisdiction to issue a turnover order for property not belonging to the bankrupt estate, especially in ordinary bankruptcy proceedings.
• Fairlie v. Scott
  88 Fla. 229· Fla.· 1924-10-09 ·cited 38×
  This case concerns whether a statute of limitations or equitable estoppel can bar a remainderman's claim to property when a life tenant conveys the entire estate to a third party. The court held that while a remainderman generally has a right to possession upon the life tenant's
• The Republic OF the Philippines v. Ferdinand E. Marcos
  806 F.2d 344· 2d Cir.· 1986-11-26 ·cited 37×
  The court held that the district court properly granted a preliminary injunction because there was sufficient evidence to support probable ownership by the Marcoses and federal question jurisdiction existed due to the foreign policy implications of the case.
• Eli Plotch and Philip Berkley v. August Gregory, Jr.
  463 So. 2d 432· Fla. 4th DCA· 1985-02-06 ·cited 37×
  Investors Plotch and Berkley appealed directed verdicts entered in favor of corporate officers, the corporate entity ASG, and the Halls in a case involving a failed real estate investment partnership. The court affirmed the directed verdict as to personal liability of corporate o
• Knabb v. Giddings E. Mabry
  137 Fla. 530· Fla.· 1939-05-05 ·cited 37×
  Florida Supreme Court affirmed a trial court decree recognizing an equitable lien in favor of attorneys for unpaid fees incurred in a foreclosure suit. The court held that an attorney may obtain an equitable lien on property recovered for a client based on fundamental principles
• In re Penn Cent. Transp. Co.
  486 F.2d 519· 3d Cir.· 1973-10-09 ·cited 36×
  The court held that interline freight and passenger revenues are held in trust by a railroad in reorganization, granting interline carriers preferred status.
• Singer v. Tobin
  201 So. 2d 799· Fla. 3d DCA· 1967-06-27 ·cited 36×
  The Florida District Court of Appeal affirmed a lower court's decision establishing an equitable lien on real property. The court found sufficient evidence to support the lien based on the parties' agreement and the circumstances, despite the appellants' venue and lien establishm
• Bushman Constr. Co. v. Conner
  307 F.2d 888· 10th Cir.· 1962-08-28 ·cited 36×
  The court held that material facts exist regarding the formation date of the joint adventure and whether R.P.R. had notice of it, precluding summary judgment.
• Dickinson v. Burnham
  197 F.2d 973· 2d Cir.· 1952-06-24 ·cited 36×
  The court held that the district court properly adjudicated claims arising from a fraudulent scheme by treating the case as a hybrid class action, allowing for a complete and equitable distribution of funds and barring further claims by absent parties.
• United States v. Adamant Co.
  197 F.2d 1· 9th Cir.· 1952-05-23 ·cited 36×
  The court held that the government's appeal was not properly before it, and that certain agreements created personal covenants rather than property interests, thus denying claims for equitable liens.
• Gray v. Standard Dredging Co.
  109 Fla. 87· Fla.· 1933-03-14 ·cited 36×
  Plaintiff Gray appealed dismissal orders seeking to enforce an equitable trust or lien against a dredge purchased by Reliable Dredging Company using $2,500 withdrawn from Standard Dredging Company's account by its president. The Florida Supreme Court affirmed the dismissal, holdi
• S & T Builders v. Globe Props., Inc.
  944 So. 2d 302· Fla.· 2006-11-16 ·cited 35×
  The Florida Supreme Court held that trial courts may include reasonably foreseeable attorney's fees in a lis pendens bond, resolving a conflict between district courts. The decision approves the Fourth District's reasoning that attorney's fees are recoverable damages in lis pende
• Kennedy Elec. Co., Inc. v. United States Postal Serv.
  508 F.2d 954· 10th Cir.· 1974-12-30 ·cited 35×
  The court held that a subcontractor has an equitable lien on funds remaining with the Postal Service and on funds improperly disbursed by the predecessor Department, even without a Miller Act bond, due to the government's regulatory violations and the subcontractor's unpaid labor
• The Pensacola & Ga. R.R. Co. & the Atl. & Gulf Cent. R.R. Co. v. Spratt & Callahan
  12 Fla. 26· Fla.· 1867-01-01 ·cited 35×
  The Florida Supreme Court reversed an interlocutory injunction granted by the circuit court that restrained railroad defendants from using a branch road and impounded its revenues. The court held that the chancellor granted relief inconsistent with the specific relief prayed for
• Alton M. Ake v. Chancey
  152 Fla. 677· Fla.· 1943-03-30 ·cited 34×
  Alton Ake challenged the validity of a final decree in an action brought by C. L. Chancey, a collection agent, seeking declaratory relief and an accounting for disputed attorney's fees. The Florida Supreme Court held that the circuit court lacked jurisdiction because constructive
• Mabry v. Knabb
  151 Fla. 432· Fla.· 1942-06-05 ·cited 34×
  A collusive settlement between a trustee and tenant to deprive the trustee's attorneys of compensation for services is a fraud upon the attorneys, who may pursue the trustee's claims through continued prosecution of the suit; further, a tenant cannot claim a lien for tax payments
• The Fla. S. R.R. Co. v. Hill
  40 Fla. 1· Fla.· 1898-01-01 ·cited 34×
  The Florida Supreme Court held that landowners whose property is taken by a railroad company without formal condemnation proceedings may enforce an equitable lien for just compensation against the property itself in equity court, rather than seeking an injunction to stop the rail
• Blumin v. Ellis
  186 So. 2d 286· Fla. 2d DCA· 1966-05-04 ·cited 33×
  Stockholders of Palmdale Water and Gas Company brought suit to enforce an equitable lien on assets sold to General Utilities, which subsequently went bankrupt. The court held that the stockholders had enforceable equitable liens under the purchase agreement, rejecting defenses ba
• Richard Bertram & Co. v. Barrett
  155 So. 2d 409· Fla. 1st DCA· 1963-07-30 ·cited 33×
  Barrett, a resident of Escambia County, sued three defendants (two Dade/Broward corporations and a Palm Beach resident) in Escambia County for breach of warranty and fraud arising from a yacht sale that occurred in Broward County. The appellate court reversed, holding that venue
• Litman v. Fine
  517 So. 2d 88· Fla. 3d DCA· 1987-12-22 ·cited 32×
  Bernard Litman appealed a trial court judgment awarding attorney's fees to his former counsel via a charging lien. The Florida appellate court affirmed, holding that attorneys may recover fees through a charging lien even absent a contingent fee contract, and that fee determinati
• Peninsular Supply Co. v. C.B. DAY Realty OF Fla., Inc.
  423 So. 2d 500· Fla. 3d DCA· 1982-12-14 ·cited 32×
  Peninsular Supply Company, a materialman not in privity with the property owner, sought to impose an equitable lien on undisbursed construction funds after failing to perfect a statutory mechanics' lien due to an untimely notice to the owner. The court reversed the trial court's
• Lake Placid Holding Co. v. Elissa Landi Paparone
  414 So. 2d 564· Fla. 2d DCA· 1982-04-28 ·cited 32×
  Lake Placid Holding Company sought to discharge a lis pendens filed by Elissa Paparone, a real estate broker claiming entitlement to a commission and profits interest in a property transaction. The court held that Paparone's claim, being based solely on a broker's commission agre
• J. G. Plumbing Serv., Inc. v. Coastal Mortg. Co.
  329 So. 2d 393· Fla. 2d DCA· 1976-03-24 ·cited 32×
  A plumbing subcontractor appealed the dismissal of its counterclaim against a construction mortgage lender, arguing it was entitled to an equitable lien on undisbursed loan funds because the lender knew of the contractor's default but delayed asserting its rights, allowing the su
• Allen v. Texaco, Inc.
  510 F.2d 977· 5th Cir.· 1975-04-07 ·cited 32×
  A waiver of subrogation rights by a compensation carrier against a third party also waives any lien the carrier might assert against the employee's settlement proceeds from that third party.
• Ira E. Billingham v. Ellsworth W. Thiele
  109 So. 2d 763· Fla.· 1959-03-11 ·cited 32×
  An attorney is not entitled to a charging lien on client real estate without statutory authority or an express or implied agreement.
• United States Fid. & Guar. Co. v. United States
  201 F.2d 118· 10th Cir.· 1952-12-30 ·cited 32×
  The surety's obligation under a performance and payment bond extends to the full amount of wages earned, including amounts statutorily diverted for taxes.
• Folsom v. Farmers Bank of Vero Beach
  102 Fla. 899· Fla.· 1931-08-11 ·cited 31×
  The Florida Supreme Court upheld the creation of an equitable lien in favor of Farmers Bank against real property when a debtor obtained collateral on the promise to execute a new mortgage but instead conveyed the property to his daughter without consideration. The court held tha
• Gamma Dev. Corp. v. Steinberg
  621 So. 2d 718· Fla. 4th DCA· 1993-05-26 ·cited 30×
  Gamma Development Corporation appealed the dismissal with prejudice of its civil theft and conversion claims against an attorney and law firm that had applied escrowed funds to pay attorney fees. The court reversed, holding that dismissal with prejudice was improper because nomin
• Gepfrich v. Gepfrich
  582 So. 2d 743· Fla. 4th DCA· 1991-07-10 ·cited 30×
  The homestead exemption under the Florida Constitution does not shield a homeowner from being required to sell his post-dissolution home to satisfy alimony and child support arrearages when the homeowner is attempting to use the exemption fraudulently to defeat his obligations to
• Palmer v. Edwards
  51 So.2d 495· Fla.· 1951-03-13 ·cited 30×
  The Florida Supreme Court reversed a lower court's dismissal of a contractor's equitable lien claim. The court held that while a statutory lien might have been available, the contractor was not limited to that remedy and could pursue an equitable lien based on the facts presented
• Walter J. Dolan Props., Inc. v. Vonnegut
  133 Fla. 854· Fla.· 1938-06-04 ·cited 30×
  In this mortgage foreclosure dispute, the Florida Supreme Court reversed the trial court's finding that six promissory notes held by a trustee merged with the legal title to mortgaged property, thereby extinguishing the notes. The court held that merger did not occur because the
• Harkins v. Holt
  124 Fla. 774· Fla.· 1936-07-08 ·cited 30×
  This case concerns whether a bankruptcy trustee can set aside fraudulent conveyances made by a bankrupt husband to his wife after the husband's discharge in bankruptcy. The court held that the discharge is personal to the bankrupt and does not prevent the trustee from recovering
• Owens v. Love
  9 Fla. 325· Fla.· 1861-01-01 ·cited 30×
  The Florida Supreme Court affirmed the trial court's grant of leave to file a supplemental bill and rehearing in an equity case involving the redemption of enslaved persons. The court held that the 1858 decree was interlocutory (not final) because it referred material factual que
• Duty Free World v. Miami Perfume Junction
  253 So. 3d 689· Fla. 3d DCA· 2018-08-08 ·cited 29×
  An unjust enrichment claim seeking monetary compensation for benefits conferred upon a defendant, measured by the plaintiff's losses rather than the defendant's ill-gotten gains, constitutes legal relief rather than equitable relief and thus does not fall within an arbitration cl
• Meckler v. Weiss
  80 So. 2d 608· Fla.· 1955-05-27 ·cited 29×
  Meckler and Weiss were cotenants who jointly executed a mortgage on property. After Meckler paid the entire mortgage debt without reimbursement from Weiss, he sought to enforce the mortgage as an equitable lien against Weiss's interest for her proportionate share. The trial court
• The M. J. Hoffman Constr. Co. v. Mrs. Mary Ward
  97 Fla. 530· Fla.· 1929-04-13 ·cited 29×
  This case involves a construction company seeking to enforce an equitable lien against a married woman's separate property for labor and materials. The court affirmed the lower court's decree, which granted the lien but subordinated it to a prior mortgage.
• Jacksonville Port Auth. v. Brock Adams
  556 F.2d 52· D.C. Cir.· 1977-03-30 ·cited 28×
  The court held that the district court abused its discretion in denying a temporary restraining order, and that the case was not moot despite the statutory deadline passing.
• Fredericka Phillips Chaachou v. Khudourie Chaachou
  135 So. 2d 206· Fla.· 1961-11-29 ·cited 28×
  The court clarified the rule regarding the necessity of paying attorney fees as a condition precedent to substitution of counsel, distinguishing when a fee is fixed by contract versus when it is for reasonable compensation.
• Cotnam v. Commissioner OF Internal Revenue
  263 F.2d 119· 5th Cir.· 1959-01-23 ·cited 28×
  The court held that attorneys' fees paid from compensation for personal services are deductible only in the year paid, not prorated over the period services were rendered.
• United States v. City OF Brookhaven
  134 F.2d 442· 5th Cir.· 1943-02-10 ·cited 28×
  The court held that the United States failed to prove fraud or deceit against the City or its Mayor, as no government official was shown to have been deceived by the project proposal.