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

• Sec. & Exch. Comm'n v. An-Car OIL Co., Inc.
  604 F.2d 114· 1st Cir.· 1979-08-27 ·cited 20×
  The court held that the district court did not abuse its discretion in terminating the equity receivership and allowing the filing of a Chapter XI bankruptcy petition, and that issues regarding the bankruptcy court's jurisdiction over assets and the provability of claims are for
• Morgan v. Haywood Goodwin
  355 So. 2d 217· Fla. 1st DCA· 1978-02-24 ·cited 20×
  A subcontractor who performed work on a land-clearing project sought a mechanic's lien and equitable lien against the property owners and a surety bond after the general contractor failed to pay him. The court held that because the subcontractor furnished materials and equipment
• McCLAIN Constr. Corp. v. Roberts
  351 So. 2d 399· Fla. 2d DCA· 1977-11-04 ·cited 20×
  McCLain Construction appealed the trial court's order reducing a surety bond securing its mechanic's lien foreclosure claim. The trial court had granted partial summary judgment dismissing one mechanic's lien count and reduced the bond accordingly, but the appellate court reverse
• Nolan v. SAM FOX Publ'g Co., Inc.
  499 F.2d 1394· 2d Cir.· 1974-07-08 ·cited 20×
  The court held that the plaintiff's claims did not justify rescission of the contract and affirmed the trial court's judgment awarding monetary damages for breach of contract.
• In re Fleetwood Motel Corp.
  335 F.2d 857· 3d Cir.· 1964-08-06 ·cited 20×
  A bankruptcy court may, in equity, refuse to enforce a lease forfeiture clause, even if valid under Bankruptcy Act § 70(b), when doing so would harm public interest and prevent reorganization.
• In re Chicago Express v. Chicago Express
  332 F.2d 276· 2d Cir.· 1964-04-24 ·cited 20×
  Interline freight charges owed to a railroad by a bankrupt motor carrier are not entitled to priority under the six-months rule in a Chapter XI proceeding.
• Gannon v. Am. Airlines, Inc.
  251 F.2d 476· 10th Cir.· 1957-07-03 ·cited 20×
  The court affirmed the denial of claims by Carroll Britton and McBride Bone & Joint Clinic, while vacating other parts of the judgment and remanding for disbursement according to a stipulation.
• Whittaker v. Wall
  226 F.2d 868· 8th Cir.· 1955-11-08 ·cited 20×
  The court held that solicitations made within a state constitute a 'sale' for venue purposes under the Securities Act of 1933, allowing suit in that district even if the contract was finalized elsewhere.
• Tremont Co. v. Paasche
  81 So. 2d 489· Fla.· 1955-06-17 ·cited 20×
  Tremont Company appeals a decree foreclosing mechanic's liens on motor cottage property. The court held that where a vendor contract expressly requires a vendee to construct improvements, mechanic's liens attach to both the vendor's and vendee's interests, even though the vendor'
• Moore et ux. v. Crum
  68 So. 2d 379· Fla.· 1953-11-17 ·cited 20×
  A general contractor sought to enforce a construction lien against property owners, but failed to adequately allege in the amended complaint that the statutorily required sworn statement had been timely furnished to the owners. The Florida Supreme Court held that without specific
• Standard OIL Co. v. Clark
  163 F.2d 917· 2d Cir.· 1947-09-22 ·cited 20×
  The court held that S.I.G. is entitled to grant licenses under the patents, but not to full title, due to restrictive provisions in the Four Party Agreement.
• Swanson v. United States
  156 F.2d 442· 9th Cir.· 1946-06-25 ·cited 20×
  The assignees of a mortgage, who purchased the property at a foreclosure sale and later received a sheriff's deed after condemnation proceedings interfered with redemption, are entitled to share in the condemnation award only to the extent necessary to satisfy their lien, conside
• Redmond v. Commerce Tr. Co.
  144 F.2d 140· 8th Cir.· 1944-07-24 ·cited 20×
  The court held that the lower court erred in dismissing the petition, finding that the issues of class action, bankruptcy court jurisdiction, and the sufficiency of the petition to state a cause of action required further determination.
• Hollis Rinehart v. Edith B. Phelps AND John B. Phelps
  150 Fla. 382· Fla.· 1942-04-14 ·cited 20×
  This case involves the enforcement of an estate's claim against real property owners who failed to execute a second mortgage as ordered by the probate court. The Florida Supreme Court reversed the trial court's dismissal and held that equity requires the property owners, who rece
• Gables Racing Assoc., Inc. v. Persky
  131 Fla. 842· Fla.· 1938-03-30 ·cited 20×
  The Florida Supreme Court affirmed the trial court's orders permitting amendment of a mortgage enforcement bill to include a claim for equitable lien and denying dismissal of the amended bill. The court held that amendment to conform to proof and assert an equitable remedy does n
• Kahn v. Am. Sur. Co. of N.Y.
  120 Fla. 50· Fla.· 1935-06-10 ·cited 20×
  Harry Kahn, as assignee of a judgment creditor's decree, sued a surety company on a supersedeas bond to recover attorney's fees incurred in defending an appeal. The Florida Supreme Court reversed a new trial order and held that the attorney's fees obligation in the supersedeas bo
• Fletcher Scott v. The Nat'l City Bank of Tampa
  107 Fla. 810· Fla.· 1931-11-30 ·cited 20×
  Fletcher Scott, an accommodation indorser on a promissory note executed by Scott Grocery Company to National City Bank of Tampa, sought equitable relief against the bank and an assignee for the benefit of creditors. The Florida Supreme Court held that Scott, as a surety, had suff
• S. Fla. Coastal Elec., Inc. v. Treasures ON the BAY II Condo Ass'n, Inc.
  89 So. 3d 264· Fla. 3d DCA· 2012-04-25 ·cited 19×
  South Florida Coastal Electric appeals a summary judgment in favor of Treasures on the Bay II Condo Association, arguing the trial court improperly granted summary judgment on an affirmative defense despite material disputes of fact. The court reverses, holding that unresolved fa
• Garcia v. Santa Maria Resort, Inc.
  528 F. Supp. 2d 1283· S.D. Fla.· 2007-11-15 ·cited 19×
  The court held that the plaintiffs' claims failed to meet the heightened pleading standards for securities fraud and general plausibility, and were also barred by the statute of limitations and the bespeaks caution doctrine.
• Scozari v. Barone
  546 So. 2d 750· Fla. 3d DCA· 1989-07-11 ·cited 19×
  The trial court erred in granting summary judgment for the defendant on claims of malicious prosecution, conspiracy to maliciously prosecute, and abuse of process.
• Sec. & Inv. Corp. of the Palm Beaches v. Droege
  529 So. 2d 799· Fla. 4th DCA· 1988-08-10 ·cited 19×
  Security and Investment Corporation appealed a judgment denying it foreclosure rights on a mortgage secured by an incomplete home construction project. The court affirmed, holding that the doctrine of election of remedies did not bar the Droeges from defending the foreclosure des
• Robert W. Gottfried, Inc. v. Cole
  454 So. 2d 695· Fla. 4th DCA· 1984-08-08 ·cited 19×
  A builder sued a homeowner for unpaid work on house additions and a pool cabana, framing the claim as an open account rather than a construction contract. The trial court dismissed the case at the close of the builder's evidence, but the appellate court reversed, holding that the
• Moore v. Mrs. Jimmie F. Lindsey
  662 F.2d 354· 5th Cir.· 1981-11-30 ·cited 19×
  The court held that the Georgia long arm statute confers personal jurisdiction over a devisee who owns property in Georgia, and that the Cook County property devised to the daughter must bear the PCA indebtedness. The court also held that federal courts lack subject matter jurisd
• Emp'rs Mut. Cas. Co. v. George W. Hinshaw in Bankr. for Collins & Kiser Constr. Co.
  309 F.2d 806· 8th Cir.· 1962-11-16 ·cited 19×
  The court held that the District Court correctly determined the chattel mortgages constituted voidable preferences under Section 60 of the Bankruptcy Act, as the appellant had reasonable cause to believe the bankrupt was insolvent.
• Dewing v. Davis
  117 So. 2d 747· Fla. 2d DCA· 1960-02-05 ·cited 19×
  Davis, a professional grove caretaker, performed labor improving a citrus grove owned by Arthur S. Dewing. The court upheld an equitable lien on the property for Davis's unpaid services, finding that Dewing permitted and benefited from the work, though the court reversed the port
• Mansfield Hardwood Lumber Co. v. Hattie A. Johnson
  268 F.2d 317· 5th Cir.· 1959-06-16 ·cited 19×
  The court held that Louisiana law, specifically its broad interpretation of fraud under Article 1847 of the Civil Code, can encompass breaches of fiduciary duty, even without explicit common-law "constructive fraud" or equitable remedies like constructive trusts, when there is su
• Sparks v. The Charles Wayne Grp.
  568 So. 2d 512· Fla. 5th DCA· 1990-10-19 ·cited 18×
  The Sparks sought certiorari review of a trial court order discharging their lis pendens filed against property they contracted to purchase from the Charles Wayne Group. The court reversed, holding that non-defaulting purchasers under executory real estate contracts have an equit
• Donofrio v. Pasquale Matassini
  503 So. 2d 1278· Fla. 2d DCA· 1987-01-28 ·cited 18×
  Dorothy Donofrio, a one-third shareholder in Throja, Inc., sued for damages after her co-shareholders Matassini and Rodriguez removed her from the company, then orchestrated a scheme to strip its only asset (commercial real estate) and render her stock worthless. The trial court
• McKEE-Berger-Mansueto, Inc. v. Bd. OF Educ. OF the City OF Chicago
  691 F.2d 828· 7th Cir.· 1982-07-23 ·cited 18×
  The court held that the district court had jurisdiction to enforce its judgment and disburse the funds, and that the attorneys' equitable lien had priority over World Express' garnishment lien.
• Fulcher v. United States
  632 F.2d 278· 4th Cir.· 1980-09-17 ·cited 18×
  The court held that a claim involving a declaration of taking and just compensation is exclusively within the jurisdiction of the Court of Claims, not the district court, as Congress intended to resolve title disputes upon the filing of the declaration.
• Tuttle/White Constructors, Inc. v. Hughes Supply, Inc.
  371 So. 2d 559· Fla. 4th DCA· 1979-05-31 ·cited 18×
  Tuttle/White Constructors and its surety appealed a judgment awarding Hughes Supply payment for materials supplied to a subcontractor on a construction project. The court reversed and remanded, holding that while Hughes failed to give timely notice for priority lien status, it st
• Spring Constr. Co., Inc. v. Harris
  562 F.2d 933· 4th Cir.· 1977-09-29 ·cited 18×
  The court held that the plaintiff is entitled to recover as a third-party beneficiary of the building loan agreement and that HUD waived any defense of nonperformance due to its conduct after learning of the sewer problem. The court also held that an equitable lien attached to un
• First Nat'l Bank OF Hollywood v. Am. Foam Rubber Corp. & Milton R. Ackman
  530 F.2d 450· 2d Cir.· 1976-02-05 ·cited 18×
  A subordinated creditor's good faith discharge of unmatured debt does not breach the subordination agreement unless explicitly prohibited, but accepting a third-party note instead of cash for matured debt constitutes payment under the agreement.
• Morgen-Oswood & Assocs. v. Cont'l Mortg. Invs.
  323 So. 2d 684· Fla. 4th DCA· 1975-12-05 ·cited 18×
  A general contractor sought an equitable lien on undisbursed construction loan funds after the owner breached a construction loan agreement and the lender refused to disburse the final payment due. The court held that the contractor was entitled to an equitable lien on the specif
• Wagner v. Eston E. L. Roberts and Heir of Juanita McQuarter
  320 So. 2d 408· Fla. 2d DCA· 1975-09-26 ·cited 18×
  This case involves a dispute over property title stemming from a mortgage foreclosure. The appellate court affirmed the lower court's decision to set aside the foreclosure due to improper service but reversed the part of the judgment that denied the appellants an equitable lien f
• In re Cont'l Vending Mach. Corp. & Cont'l Apco, Inc. v. Wharton
  517 F.2d 997· 2d Cir.· 1975-06-05 ·cited 18×
  The court held that a Chapter X reorganization plan may consolidate assets and liabilities for unsecured creditors while preserving the separate security interests of secured creditors, as long as the plan is fair and equitable and preserves the bargained-for rights of secured cr
• Casper v. Neubert
  489 F.2d 543· 10th Cir.· 1973-12-19 ·cited 18×
  The court held that an oil and gas leasehold interest can be subject to a statutory vendor's lien under Oklahoma law, and that a claim for constructive trust on lease income is not barred by failure to present it to the estate.
• Pipola v. Chicco
  274 F.2d 909· 2d Cir.· 1960-01-21 ·cited 18×
  Purchasers of real estate cannot challenge the merits of a tax assessment underlying a federal tax lien in an action brought under 28 U.S.C. § 2410, but they are entitled to interest on a senior mortgage paid off at closing.
• Int'l Terminal Operating Co., Inc. v. Waterman S.S. Co.
  272 F.2d 15· 2d Cir.· 1959-11-10 ·cited 18×
  An employer who has made compensation payments cannot shift the entire burden of reimbursement to a third party by merely notifying them of the payments, especially when ordered by a court to disregard the claim.
• Wynn v. Reconstr. Fin. Corp.
  212 F.2d 953· 9th Cir.· 1954-05-07 ·cited 18×
  The court held that an appeal from a denial of a motion to remand and from a partial summary judgment is not properly before the appellate court as it is not a final judgment or a specifically appealable interlocutory order.
• Glenn v. Am. Sur. Co.
  160 F.2d 977· 6th Cir.· 1947-04-01 ·cited 18×
  The dissenting judge would reverse the judgment and allow the United States' tax lien to be paid from retained funds before the surety receives interest on its payment.
• Safford v. McCASKILL
  157 Fla. 133· Fla.· 1946-03-01 ·cited 18×
  Willie Safford sought equitable relief to recover real estate and securities purchased with his money but titled solely in his deceased wife's name, claiming breach of a fiduciary duty and fraud. The Florida Supreme Court reversed the trial court's dismissal of his amended bill o
• Haines City Citrus Growers Ass'n v. Petteway
  107 Fla. 344· Fla.· 1932-12-05 ·cited 18×
  The Florida Supreme Court held that a valid fruit-crop mortgage executed on growing citrus fruit constitutes a lien superior to a prior real estate mortgage that does not expressly cover the crops. The court reversed the lower court's judgment requiring the receiver to return pro
• Attorney's Title Ins. Fund, Inc. v. Landa-Posada
  984 So. 2d 641· Fla. 3d DCA· 2008-06-18 ·cited 17×
  Attorney's fees can only be awarded pursuant to statute or contract, not as a matter of equity or as part of costs, even for a non-party responding to a subpoena.
• U.S. Bank Nat'l Ass'n v. Lloyd
  981 So. 2d 633· Fla. 2d DCA· 2008-05-21 ·cited 17×
  U.S. Bank obtained a clerk's default and default judgment in a quiet title action after Lloyd failed to serve notice of the default application on the Bank's counsel. The Second District Court of Appeal reversed, holding that Lloyd had actual knowledge the Bank was represented by
• Bucacci v. Boutin
  933 So. 2d 580· Fla. 3d DCA· 2006-06-14 ·cited 17×
  In this property dispute between unmarried cohabitants, the Florida District Court of Appeal affirmed the trial court's order to partition and sell a jointly-owned Miami-Dade residence but reversed the dismissal of Bucacci's equitable lien claim on Boutin's Monroe County property
• Zureikat v. Alwad Al Shaibani
  944 So. 2d 1019· Fla. 5th DCA· 2006-03-10 ·cited 17×
  Jacob Zureikat borrowed $200,000 from Alwad Al Shaibani for a real estate transaction but misappropriated the funds, using them for personal benefit and investing in his homestead. After obtaining a $200,000 judgment, Shaibani sought supplementary proceedings and successfully est
• Carr v. Reese
  788 So. 2d 1067· Fla. 2d DCA· 2001-05-25 ·cited 17×
  Martha Carr appeals a default judgment for failure to respond to discovery requests in a property dispute. The court found the trial court abused its discretion in entering the default judgment and in refusing to set it aside entirely, holding that the judgment punished Carr for
• Roger Homes Corp. v. Persant Constr. Co.
  637 So. 2d 5· Fla. 3d DCA· 1994-05-03 ·cited 17×
  The court held that a lis pendens cannot be based on an unsecured promissory note or an equitable lien claim that is not founded upon a duly recorded instrument.
• In re Teltronics, Ltd. v. Kemp
  649 F.2d 1236· 7th Cir.· 1981-06-02 ·cited 17×
  Money held by a state court receiver under the Illinois Consumer Fraud Act, acquired through the bankrupt's fraud, is not property of the bankrupt's estate and thus not subject to surrender to the bankruptcy trustee.