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

• Holly v. Gainesville Nat'l Bank
  80 Fla. 523· Fla.· 1920-10-11 ·cited 28×
  The Florida Supreme Court reversed a lower court decree that subjected land held in the name of Mrs. Holly to the judgment liens of the Gainesville National Bank against her husband J. H. Holly. The court held that because the husband never had title to the land and did not pay f
• Farish Carter v. Davis
  8 Fla. 183· Fla.· 1858-01-01 ·cited 28×
  Carter appealed a decree awarding attorney's fees and liens to Bennett's counsel in a prior trover judgment. The Supreme Court affirmed the existence of attorney's liens based on quantum meruit but reduced some fee awards and remanded to reconsider Baltzell's claim.
• Henry M. Butler, Inc. v. Trizec Props., Inc.
  524 So. 2d 710· Fla. 2d DCA· 1988-05-04 ·cited 27×
  The court held that a material issue of fact exists regarding whether the landlords were unjustly enriched by the improvements made by the contractor, precluding summary judgment on that claim.
• In re Gen. Coffee Corp. v. Gen. Coffee Corp.
  828 F.2d 699· 11th Cir.· 1987-09-28 ·cited 27×
  A constructive trust arises when the facts giving rise to fraud occur, not when a court declares it, and a constructive trust beneficiary's equitable interest prevails over a bankruptcy trustee's strong-arm powers.
• Lake Sarasota, Inc. v. PAN Am. Sur. Co.
  140 So. 2d 139· Fla. 2d DCA· 1962-04-06 ·cited 27×
  Pan American Surety Co. sought a declaratory judgment challenging a subdivision bond issued to Manatee County, arguing the bond was void for lack of consideration and that non-signatory defendants would be unjustly enriched. The court affirmed the bond's validity but reversed the
• Ross v. Gerung
  69 So. 2d 650· Fla.· 1954-01-15 ·cited 27×
  The Florida Supreme Court affirmed an equitable lien imposed on unincorporated church property to secure payment for repairs performed by a contractor. The court upheld both the use of a class action against church representatives and the availability of equitable liens against u
• John Ringling Ests., Inc. v. White
  105 Fla. 581· Fla.· 1932-05-28 ·cited 27×
  In this real property contract dispute, the Florida Supreme Court reversed an order overruling a demurrer to a bill for contract cancellation and recovery of initial payment. The court held that the complainants failed to adequately allege essential facts regarding a claimed titl
• Marion Mortg. Co. v. C. O. Teate and his wife
  98 Fla. 713· Fla.· 1929-10-18 ·cited 27×
  Marion Mortgage Company sought to foreclose a mortgage on real property in Sarasota, Florida that included furnishings and furniture. The trial court initially granted the foreclosure but modified the decree on rehearing to exclude furnishings and furniture from the foreclosure.
• Dorinda POL v. POL
  705 So. 2d 51· Fla. 3d DCA· 1997-12-24 ·cited 26×
  Dorinda Pol appeals a trial court's decision denying her share of condemnation proceeds from a Miami Beach hotel. The court held that a forced condemnation sale constitutes a "transfer" or "sale" under the parties' agreement, entitling Dorinda to 50% of the proceeds despite the i
• Mar. Elec. Co., Inc. v. United Jersey Bank
  959 F.2d 1194· 3d Cir.· 1991-12-02 ·cited 26×
  The New Jersey district court retained subject matter jurisdiction over claims related to a bankruptcy case filed in another district, and its proceedings were not automatically voided by the bankruptcy filing.
• Sarasota Commercial Refrigeration & AIR Conditioning, Inc. v. Schooley
  381 So. 2d 1141· Fla. 2d DCA· 1980-02-15 ·cited 26×
  Subcontractors and materialmen who furnished labor and materials for a construction project appealed a summary judgment dismissing their mechanics' lien claims against property owners for failure to timely serve notice to owners. The court reversed, holding that the amended mecha
• Carter v. Suggs
  190 So. 2d 784· Fla. 1st DCA· 1966-09-20 ·cited 26×
  Carter appealed a chancery decree awarding him an equitable lien against real property for services rendered in acquiring and improving a motel-marina project, claiming he and Suggs had formed an oral partnership. The court reversed, holding that an equitable lien cannot be impos
• In re Yale Express Sys., Inc. v. Nogg
  362 F.2d 111· 2d Cir.· 1966-05-31 ·cited 26×
  The court held that a surety is equitably entitled to set off the principal's claims against a creditor's claims, even in bankruptcy, provided it does not unduly interfere with reorganization objectives.
• D. K. Porter in Bankruptcy of Abe Greenband v. Woodey B. Searle and Edlean E. Searle
  228 F.2d 748· 10th Cir.· 1955-12-19 ·cited 26×
  The court held that the equitable lien acquired by the sellers was not a preferential transfer under the Bankruptcy Act, as amended.
• Wilkins v. Wilkins
  144 Fla. 590· Fla.· 1940-10-18 ·cited 26×
  This case involves the enforcement of a prior Florida Supreme Court decree requiring J. S. Wilkins to account for and convey estate property and personal assets belonging to W. C. Wilkins' estate. The Court reversed and remanded on two grounds: the lower court failed to impose a
• Smith v. W. A. Pattishall under the last will and testament of Mary O. Beeman
  127 Fla. 474· Fla.· 1937-03-16 ·cited 26×
  The Florida Supreme Court reversed a chancellor's decision to allow reformation of a defectively-described deed, holding that a judgment creditor's lien on property not included in the original deed cannot be defeated by later equitable reformation that would relate back to the o
• Pasco v. Gamble
  15 Fla. 562· Fla.· 1876-01-01 ·cited 26×
  The Florida Supreme Court held that a court of equity may appoint a receiver of rents and profits from mortgaged property at the mortgagee's suit, even though a Florida statute deprived mortgagees of the legal right to possession. The court reversed the appointment order as proce
• Lavine Mendelson v. Great W. Bank
  712 So. 2d 1194· Fla. 2d DCA· 1998-06-19 ·cited 25×
  A former husband challenged a mortgage foreclosure on property he co-owned as a tenant in common, arguing he did not execute the mortgage and the mortgagee had actual knowledge of his interest.
• Circle Fin. Co. v. Peacock
  399 So. 2d 81· Fla. 1st DCA· 1981-05-28 ·cited 25×
  Circle Finance appeals a monetary award to the Peacocks in an equitable action arising from the Peacocks' execution of a quit claim deed to secure loans and Circle's subsequent receipt of disability insurance proceeds triggered by Mr. Peacock's disability. The court affirms the a
• Tucker v. Prevatt Builders, Inc.
  116 So. 2d 437· Fla. 1st DCA· 1959-12-15 ·cited 25×
  A contractor sought to establish an equitable lien against real property to secure payment for construction work performed on a subdivision. The trial court dismissed the complaint, but the appellate court reversed, holding that the complaint adequately stated a cause of action f
• Fla. E. Coast Ry. Co. v. Consol. Eng'g Co.
  95 Fla. 99· Fla.· 1928-01-30 ·cited 25×
  Florida East Court Railway Company sought to enjoin enforcement of a judgment obtained against it as garnishee, arguing the judgment lien was void under the Federal Bankruptcy Act because the debtor was insolvent within four months of bankruptcy. The Florida Supreme Court held th
• Harris Isaacson v. Isaacson
  504 So. 2d 1309· Fla. 1st DCA· 1987-03-05 ·cited 24×
  The Florida First District Court of Appeal reversed a trial court's imposition of an equitable lien on homestead property to recover unpaid child support and alimony arrearages. The court held that while equitable liens can theoretically be imposed on homestead property in cases
• Home Dev. Co. OF ST. Petersburg, Inc. v. Bursani
  168 So. 2d 131· Fla.· 1964-10-02 ·cited 24×
  The Florida Supreme Court reviewed a dispute between two 50% stockholders of a real estate development corporation regarding the purchase of one stockholder's shares pursuant to a stock restriction agreement and purchase agreement. The court remanded to the District Court of Appe
• United States v. Lennox Metal Mfg. Co., Inc.
  225 F.2d 302· 2d Cir.· 1955-08-01 ·cited 24×
  The court held that the government wrongfully terminated the contract because it was itself in material breach of its payment obligations, and the defendant was not in default.
• Kimbrell v. Fink
  78 So. 2d 96· Fla.· 1955-02-16 ·cited 24×
  The Florida Supreme Court reversed a foreclosure decree against property owners where a construction company sought an equitable lien for improvements made by the homeowners' daughter and her husband. The court held that the construction company's remedy was exclusively under the
• Brown v. Christman
  126 F.2d 625· D.C. Cir.· 1942-02-09 ·cited 24×
  The court held that the property owners' prior action on a bond did not preclude their claim for an equitable lien on a special rent account, and that other property owners might be indispensable parties requiring remand.
• Jordan v. Cary D. Landis
  128 Fla. 604· Fla.· 1937-06-04 ·cited 24×
  The Florida Supreme Court affirmed the lower court's decision canceling a deed and mortgage that transferred trust property held for a charitable industrial school to a non-profit corporation without proper authority. The court held that trustees of a charitable trust cannot conv
• Atwell v. The W. Fire Ins. Co.
  120 Fla. 694· Fla.· 1935-08-29 ·cited 24×
  The Florida Supreme Court upheld an insurance company's bill of interpleader where two parties claimed the same insurance proceeds—the insured homeowners and a mortgage lender—resolving that the mortgagee had an equitable lien on the proceeds under a covenant to insure in the mor
• SE Prop. Holdings, LLC v. Neverve LLC
  65 F.4th 1335· 11th Cir.· 2023-04-11 ·cited 23×
  SE Property Holdings obtained a deficiency judgment against Neverve after Neverve defaulted on secured loans, and then sued when Neverve transferred settlement proceeds to attorneys to pay the principal's personal bankruptcy fees rather than apply them to the judgment. The Eleven
• Centerstate Bank Cent. Fla., N.A. v. Krause
  87 So. 3d 25· Fla. 5th DCA· 2012-04-05 ·cited 23×
  The court held that the Krauses lacked standing to challenge the validity of the Development Loan because they had no established interest in the property or the corporation that executed the loan.
• Oates v. The Prudential Ins. Co. of Am.
  107 Fla. 224· Fla.· 1932-11-14 ·cited 23×
  The Florida Supreme Court affirmed a lower court decree that an invalid mortgage on a married woman's separate property could not be enforced as a lien, but the property could be charged in equity for a debt created by an agreement in writing for the benefit of that property, inc
• Thalheimer v. Tischler
  55 Fla. 796· Fla.· 1908-01-01 ·cited 23×
  This case addresses whether a lessee's equitable interest in property—consisting of a leasehold combined with an option to purchase and a right to compensation for improvements—can be sold under execution. The Florida Supreme Court held that such mixed legal and equitable interes
• Griffin v. Orman
  9 Fla. 22· Fla.· 1860-01-01 ·cited 23×
  In this partnership dissolution dispute, the Florida Supreme Court reversed the lower court's decree that would have allowed the surviving partners to enforce collection against the estate of a deceased dormant partner. The Court held that a bona fide sale of partnership property
• Diversified Commercial Developers, Inc. v. Formrite, Inc.
  450 So. 2d 533· Fla. 4th DCA· 1984-04-04 ·cited 22×
  Diversified Commercial Developers and related defendants appealed a judgment for breach of contract, equitable lien, and prejudgment interest. The Fourth District affirmed the equitable lien and prejudgment interest award but reversed and remanded the damages judgment because the
• Napolitano v. H. L. Robertson & Assocs., Inc.
  311 So. 2d 757· Fla. 3d DCA· 1975-04-22 ·cited 22×
  Florida appellate court reversed trial court's denial of jury trial, holding that appellants' compulsory counterclaim for breach of contract entitled them to jury trial as a matter of right, and the interrelated issues required jury trial on all claims.
• United States v. Preston
  352 F.2d 352· 9th Cir.· 1965-10-28 ·cited 22×
  The court held that the district court lacked jurisdiction over the United States and the individual defendants, as the claims did not fall under the cited statutes and no diversity jurisdiction existed.
• Gulf Petroleum, S.A. v. Bankruptcy
  316 F.2d 257· 1st Cir.· 1963-04-22 ·cited 22×
  The court held that payments made under an executory contract, held in escrow and to be returned if closing did not occur without purchaser default, are not property of the bankrupt estate and must be returned to the purchaser if closing fails due to trustee rejection.
• Hullum v. Bre-Lew Corp.
  93 So. 2d 727· Fla.· 1957-03-22 ·cited 22×
  The Florida Supreme Court reversed the trial court's dismissal of a complaint seeking to establish and foreclose an equitable lien on real estate. The case involved a father who obtained loans from his daughter for a motel project but failed to provide promised security, and late
• The Ins. Co. OF Tex. v. Rainey
  86 So. 2d 447· Fla.· 1956-03-14 ·cited 22×
  The Florida Supreme Court upheld F.S. § 440.39(3), which grants compensation carriers a lien based on equitable distribution of third-party tort settlements, rejecting constitutional challenges of denial of equal protection and vagueness, and denying the employee's cross-appeal f
• Golden v. Davey L. Woodward, Jr.
  15 So. 3d 664· Fla. 1st DCA· 2009-06-24 ·cited 21×
  Appellants purchased real property from Woodward under a written agreement requiring monthly payments and a balloon payment, but later mortgaged the property and stopped payments after Woodward's death. The court imposed an equitable/vendor's lien against the property to secure t
• In re King City Transit MIX, Inc. v. King City Transit MIX, Inc.
  738 F.2d 1065· 9th Cir.· 1984-07-27 ·cited 21×
  The court of appeals lacks jurisdiction to hear an appeal from an interlocutory order of the district court affirming a bankruptcy court's dismissal of only one count of a multi-count counterclaim.
• Jennings v. Conn. Gen. Life Ins. Co.
  177 So. 2d 66· Fla. 2d DCA· 1965-06-17 ·cited 21×
  Jack Jennings, a contractor, sought an equitable lien against the San Juan Hotel property for improvements he made under a contract with the lessee, Lasro Corporation. The court affirmed the dismissal of his equitable lien claim, holding that the lease covenants did not require t
• Seiff v. Presto Brick Mach. Corp.
  168 So. 2d 700· Fla. 3d DCA· 1964-11-10 ·cited 21×
  Creditors sought to impress an equitable lien on a chattel purchased by a defendant at a Federal Tax distraint sale, claiming conversion. The trial court refused to award damages for conversion, and the appellate court affirmed, holding that without a right of possession at the t
• Cobb v. Walker
  144 Fla. 600· Fla.· 1940-10-25 ·cited 21×
  A surgeon sought equitable relief to enforce a charging lien against insurance proceeds owed to a non-resident patient for medical services rendered after an automobile accident. The Florida Supreme Court held that the surgeon's claim was one at law, not in equity, and therefore
• Burnett v. Greene
  105 Fla. 35· Fla.· 1931-06-17 ·cited 21×
  This case concerns the validity of a drainage district established under a state statute. The court addresses whether the statute unconstitutionally delegates administrative or quasi-judicial functions to the circuit court, ultimately finding the statute permissible.
• Pierson v. Reinhardt
  133 So. 553· Fla.· 1931-04-04 ·cited 21×
  This case clarifies that a contractor furnishing labor and materials to a married woman's separate property with her knowledge and consent does not need to file a "notice of lien" to enforce payment against her property. The court held that the constitutional provision creating t
• United States Fid. & Guar. Co. v. Bennett
  96 Fla. 828· Fla.· 1928-12-22 ·cited 21×
  United States Fidelity & Guaranty Company, as surety on a construction contract bond, appealed from an order sustaining a demurrer that prevented it from seeking subrogation to a first mortgage and foreclosure rights against a second mortgagee. The Florida Supreme Court affirmed,
• Musselwhite v. Svend Oleson
  60 Fla. 342· Fla.· 1910-06-01 ·cited 21×
  Oleson sued Musselwhite and Howard for breach of an executory timber sale contract after they failed to clear title liens and negligently worked the timber for turpentine. The Florida Supreme Court affirmed the trial court's decree granting rescission and requiring return of the
• Degirmenci v. Sapphire-Fort Lauderdale, LLLP
  693 F. Supp. 2d 1325· S.D. Fla.· 2010-04-20 ·cited 20×
  The court dismissed claims under the Interstate Land Sales Full Disclosure Act (ILSFDA) for failure to state a claim or for being time-barred, and indicated it would likely decline supplemental jurisdiction over the remaining state law claims.
• S/D Enters., Inc. v. The Chase Manhattan Bank
  375 So. 2d 1109· Fla. 3d DCA· 1979-09-25 ·cited 20×
  The court held that the trial court correctly denied the appellant's post-appeal motion for a money judgment, as the prior appellate decision had reversed the equitable lien that would have supported such a judgment.