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

• Grover W. Burgan & Am. Sportsman of N. Fla., Inc. v. The Pines Co. OF Ga., Ltd.
  382 So. 2d 1295· Fla. 1st DCA· 1980-04-22 ·cited 17×
  Parol evidence is admissible to determine whether multiple written contracts constitute a single integrated agreement, even when the individual contracts are facially unambiguous, if there is disagreement whether the writings represent the complete integration of the parties' con
• Nicol v. Bressler
  159 Fla. 668· Fla.· 1947-11-18 ·cited 17×
  A real estate broker claimed fraud and conspiracy after a property transaction between buyer and seller was completed without his involvement in the closing, allegedly depriving him of a commission. The Florida Supreme Court held that the broker's remedy lies against the party wi
• Suttle v. Wold
  117 Fla. 802· Fla.· 1935-01-01 ·cited 17×
  A mortgagee sought to foreclose a mortgage on homestead property executed by husband and wife. The Florida Supreme Court affirmed dismissal of the foreclosure, holding that the wife's failure to personally acknowledge the mortgage before a notary public, as constitutionally requi
• Barnes & Jessup Co. v. Williams
  64 Fla. 190· Fla.· 1912-06-01 ·cited 17×
  Barnes & Jessup Company sought to overturn a lower court decree dismissing its bill to recover property it had purchased at a mortgage foreclosure sale. The case involves competing claims to land based on a bond for title held by Haward and assignments of that bond, with the cent
• Vaughn v. Boerckel
  20 So. 3d 443· Fla. 4th DCA· 2009-10-21 ·cited 16×
  The court held that the trial court abused its discretion by dismissing the claims against the widow individually without allowing an opportunity to amend the petition.
• Pilar Callava v. Feinberg
  864 So. 2d 429· Fla. 3d DCA· 2003-10-15 ·cited 16×
  The appellate court reversed a foreclosure judgment on a client's homestead, finding that the property was exempt from an equitable lien for attorney's fees because it was the client's homestead.
• Tramel v. Stewart
  697 So. 2d 821· Fla.· 1997-06-19 ·cited 16×
  The Florida Supreme Court held that Article X, Section 4 of the Florida Constitution prohibits civil forfeiture of homestead property under the Florida Contraband Forfeiture Act, even when the proceeds of illegal drug sales were used to acquire or improve the property. The Court
• Davidson v. Murray Davidson
  410 So. 2d 943· Fla. 4th DCA· 1982-02-03 ·cited 16×
  The dissenting opinion argues that a court of equity may refuse to foreclose a mortgage when the mortgagee has a history of accepting late payments and the acceleration of the debt is not due to an impairment of the lender's security.
• Irwin v. Honorable Paul M. Marko, III
  408 So. 2d 677· Fla. 4th DCA· 1981-12-30 ·cited 16×
  The trial court retained jurisdiction to determine and enforce attorneys' fees for the wife's counsel, even after the parties stipulated to dismiss their divorce action.
• The AETNA Cas. & Sur. Co. v. The United States
  655 F.2d 1047· Ct. Cl.· 1981-06-17 ·cited 16×
  The court held that plaintiffs were not entitled to monetary relief from general Treasury funds under the Tucker Act, but HUD might be liable from separate funds.
• The Fid. & Cas. Co. OF NEW York v. Marilyn O'Shea and the Honorable E. Randolph Bentley
  397 So. 2d 1196· Fla. 2d DCA· 1981-05-06 ·cited 16×
  The court reviewed whether a trial court could award attorney's fees to a defendant in an embezzlement case from a receivership estate administering assets of the embezzler and his household. The court held that the common fund doctrine did not support such an award because the d
• Pankow Constr. Co. v. Advance Mortg. Corp.
  618 F.2d 611· 9th Cir.· 1980-05-13 ·cited 16×
  The court held that California Civil Code § 3264 bars a contractor's claims for equitable lien and third-party beneficiary status against a mortgage lender, and that state law governs other claims like inducing breach of contract and unjust enrichment.
• Dunson v. Stockton
  346 So. 2d 603· Fla. 1st DCA· 1977-05-27 ·cited 16×
  The Dunsons appealed a foreclosure judgment by mortgagee Stockton, Whatley, Davin & Co., arguing that their equitable interest in a construction contract should be superior to Stockton's mortgage lien. The court held that while the Dunsons were estopped by their deed to the contr
• Gancedo Lumber Co., Inc. v. Flagship First Nat'l Bank of Miami Beach
  340 So. 2d 486· Fla. 3d DCA· 1976-11-09 ·cited 16×
  Gancedo Lumber Company appeals a summary judgment foreclosure in favor of Flagship First National Bank, claiming an equitable lien superior to the bank's mortgage based on unjust enrichment and the bank's alleged negligent supervision of construction. The court held that a subcon
• Yale Simons v. United States
  541 F.2d 1351· 9th Cir.· 1976-09-03 ·cited 16×
  A claimant cannot enforce after-acquired rights against the government in a forfeiture proceeding if they had no legal interest at the time of the illegal act and seizure.
• Edward L. Nezelek, Inc. v. Food Fair Props. Agency, Inc.
  309 So. 2d 219· Fla. 3d DCA· 1975-03-11 ·cited 16×
  A contractor sought to foreclose a mechanic's lien against a property owner and property management company for improvements made by a lessee tenant. The trial court denied the lien claim, and the appellate court affirmed, holding that the contractor failed to comply with statuto
• In re J. v. Gleason Co., Inc.
  452 F.2d 1219· 8th Cir.· 1971-12-17 ·cited 16×
  A surety's equitable subrogation claim does not constitute a "security interest" under the Minnesota Uniform Commercial Code and is therefore not required to be filed to perfect a lien against a trustee in bankruptcy.
• Flowers v. Miskoff
  233 So. 2d 201· Fla. 4th DCA· 1970-03-04 ·cited 16×
  A lawyer sued his former client for unpaid attorney fees under a contract requiring the client to pay $7,500 from proceeds of corporate land sales. The trial court granted the defendant's summary judgment motion after the lawyer settled with another joint obligor (the client's si
• J. J. Henry Co., Inc. v. The United States
  411 F.2d 1246· Ct. Cl.· 1969-06-20 ·cited 16×
  The court held that the plaintiff's claims for Fifth Amendment 'taking' of plans and for equitable lien against retained funds were without merit.
• Phelps v. T. O. Mahaffey, Inc.
  156 So. 2d 900· Fla. 2d DCA· 1963-10-16 ·cited 16×
  Phelps performed paving work on property owned by Mahaffey Corporation after being introduced to another party (Ruke) by Mahaffey's president, with unclear payment arrangements. The trial court entered final judgment for the defendants at the close of Phelps' case, but the appell
• Wood v. Wilson
  84 So. 2d 32· Fla.· 1955-12-14 ·cited 16×
  Wood appeals a dismissal of his complaint seeking declaration of a mechanic's lien for labor and materials furnished to improve Wilson's homestead property. The Florida Supreme Court affirmed the dismissal, holding that an action to enforce a materialman's lien must comply with s
• McGill v. Art Stone Constr. Co.
  57 Fla. 498· Fla.· 1909-01-01 ·cited 16×
  Art Stone Construction Company sued to recover payment for labor and materials provided in constructing a building on property owned by Anna M. McGill, claiming F. J. McGill acted as her undisclosed agent. The Florida Supreme Court affirmed the trial court's decree charging the w
• Epstein v. Epstein
  915 So. 2d 1272· Fla. 4th DCA· 2005-12-21 ·cited 15×
  Harry Epstein appeals the denial of an equitable lien and set-off against alimony after his former wife failed to repay her share of proceeds from the sale of their marital residence. The court affirmed, holding that the clean hands doctrine barred equitable relief because the hu
• Pradip Jamnadas v. Mohan Singh
  731 So. 2d 69· Fla. 5th DCA· 1999-04-01 ·cited 15×
  Plaintiffs appealed the dismissal of counts seeking equitable liens and declaring mortgages void, alleging they provided funds for real estate purchases but defendants fraudulently obtained mortgages in their names without authorization. The court reversed, holding that the compl
• Suniland Assocs., Ltd. v. Wilbenka, Inc.
  656 So. 2d 1356· Fla. 3d DCA· 1995-06-21 ·cited 15×
  Suniland Associates appealed a judgment denying its foreclosure claim and awarding damages to Wilbenka on a counterclaim. The Florida Third District Court of Appeal reversed, holding that a conditional assignment of lease creates no interest in property itself and therefore does
• Westburne Supply, Inc. v. Cmty. Villas P'rs, Ltd.
  508 So. 2d 431· Fla. 1st DCA· 1987-05-19 ·cited 15×
  Westburne Supply appealed the dismissal of its claim for an equitable lien against property purchased by Community Villas. The court reversed, holding that an action to foreclose an equitable lien is a quasi in rem action against the property itself, not an in personam action, an
• In re Whitcomb & Keller Mortg. Co., Inc. v. Whitcomb & Keller Mortg. Co., Inc.
  715 F.2d 375· 7th Cir.· 1983-08-26 ·cited 15×
  The court held that a debtor in possession is entitled to a reasonable time to assume or reject an executory contract, and an injunction to maintain the status quo during this period does not constitute assumption.
• Spring Constr. Co., Inc. v. Harris
  614 F.2d 374· 4th Cir.· 1980-01-22 ·cited 15×
  The court held that LTIC was entitled to an equitable lien on the recovered funds under the doctrine of unjust enrichment, and affirmed the district court's determination of lien priorities, with a modification regarding architect fees.
• Nat'l Labor Relations Bd. v. Deena Artware, Inc.
  207 F.2d 798· 6th Cir.· 1953-11-10 ·cited 15×
  The court held that it lacked jurisdiction to grant the supplemental relief sought by the National Labor Relations Board, denying their motions.
• Tex. Co. v. Miller. in re Sitton & Herbert
  165 F.2d 111· 5th Cir.· 1947-12-30 ·cited 15×
  A seller who paid gasoline taxes on behalf of a buyer, who subsequently went bankrupt and obtained a refund from the state without having paid the seller, is entitled to restitution of those taxes through subrogation or constructive trust.
• In re Barlum Realty Co. v. Nat'l Bank of Detroit
  154 F.2d 562· 6th Cir.· 1946-04-05 ·cited 15×
  The court held that legal services rendered prior to reorganization proceedings, which did not create a fund or attach to the debtor's property, do not entitle the claimant to a preferred or equitable lien claim against the debtor's assets in reorganization.
• Lovett v. Shore
  139 So. 194· Fla.· 1931-12-21 ·cited 15×
  In these companion ejectment cases, the Florida Supreme Court held that when a tax deed is adjudged void and the amounts owed to the tax deed holder are determined in the ejectment suit itself, the court must stay execution of the ejectment judgment until the successful plaintiff
• Broward Ests. Corp. v. The Hon. C. E. Chilingworth
  93 Fla. 366· Fla.· 1927-03-02 ·cited 15×
  Broward Estates Corporation sought a writ of mandamus to compel a judge and clerk to issue an order of service by publication in an equity suit for foreclosure of a contract lien. The Florida Supreme Court denied the writ, holding that the trial court properly refused to issue pu
• LaFayette Wooten v. Bellinger
  17 Fla. 289· Fla.· 1879-06-01 ·cited 15×
  A seller seeking to enforce an equitable lien for unpaid purchase money on land and crops against a subsequent mortgage creditor who financed the crop. The court held that a defendant cannot obtain affirmative relief solely through an answer and must file a cross-bill, and that a
• Crawley-Kitzman v. Hernandez
  324 So. 3d 968· Fla. 3d DCA· 2021-06-23 ·cited 14×
  Robin Crawley-Kitzman appeals a circuit court order dismissing multiple counts of her complaint against 33rd Management, LLC, Jaime Rodriguez, and Mirna Carolina Rivas for failure to state causes of action. Appellant claimed entitlement to 26% of sale proceeds from a property bas
• Romano v. Olshen
  153 So. 3d 912· Fla. 4th DCA· 2014-03-12 ·cited 14×
  This consolidated appeal involves a dispute over whether a professional guardian could access a joint brokerage account (the Oppenheimer Account) titled in the incapacitated ward's and his estranged spouse's names to pay guardianship administration fees and the ward's necessary e
• Blue Star Palms, LLC v. LED Tr., LLC
  128 So. 3d 36· Fla. 3d DCA· 2012-10-24 ·cited 14×
  The court held that the trial court erred in denying the motion to dissolve the lis pendens because the plaintiffs failed to establish a fair nexus between their claims and the condominium units.
• Lakeview Townhomes AT THE Cal. Club, Inc. v. Lakeview OF THE Cal. Club Homeowners Ass'n, Inc.
  579 So. 2d 290· Fla. 3d DCA· 1991-05-07 ·cited 14×
  A notice of lis pendens is appropriate when an equitable lien is sought, but the defendant is entitled to a hearing to set a reasonable bond to protect against irreparable harm.
• Bakalarz v. Luskin
  560 So. 2d 283· Fla. 4th DCA· 1990-04-18 ·cited 14×
  Ronald Bakalarz purchased an apartment from the Luskins without notice of a constructive trust and equitable lien imposed by a Broward County dissolution judgment. The trial court ordered a sheriff's sale of his property to satisfy the lien. The Fourth District reversed, holding
• In re E.R. Fegert, Inc. v. Seaboard Sur. Co.
  887 F.2d 955· 9th Cir.· 1989-10-18 ·cited 14×
  The court held that payments made by a debtor to subcontractors, which avoided the surety's subrogated equitable lien, constituted 'new value' and were therefore excepted from avoidance as preferential transfers under 11 U.S.C. § 547(c)(1).
• In re Marino v. Edward M. Walsh in Bankruptcy of Gilbert John Marino
  813 F.2d 1562· 9th Cir.· 1987-04-08 ·cited 14×
  The court held that a leasehold interest is personal property not protected by 11 U.S.C. § 544(a)(3), but the debtor's real property interest is protected. The court also held that Placer did not possess an equitable lien.
• United States v. Tabor Court Realty Corp.
  803 F.2d 1288· 3d Cir.· 1986-10-22 ·cited 14×
  The court held that Pennsylvania's fraudulent conveyance laws apply to leveraged buyouts that benefit shareholders at creditors' expense, but only a portion of the funds transferred should be set aside.
• Merchs. Nat'l Bank v. Se. Fire Ins. Co., Inc.
  751 F.2d 771· 5th Cir.· 1985-01-28 ·cited 14×
  The court held that the insurer's denial of Merchants' claim lacked a legitimate or arguable reason, entitling Merchants to a punitive damages instruction, and that the directed verdicts against Bossier and Edna Barlow were erroneous.
• John v. Arvanis
  739 F.2d 1287· 7th Cir.· 1984-07-31 ·cited 14×
  The United States is not liable to subcontractors when a prime contractor fails to obtain a Miller Act payment bond and defaults, as neither the Miller Act nor the Federal Tort Claims Act waives sovereign immunity in such circumstances.
• Largo Hosp. Owners, Ltd. v. Int'l Glass & Mfg. Co., Inc.
  410 So. 2d 518· Fla. 2d DCA· 1981-12-18 ·cited 14×
  In this construction lien dispute arising from the Largo Medical Center project, the court addressed claims by three parties seeking payment for materials and services. The decision clarifies the requirements for mechanic's liens and equitable liens under Florida law, and address
• In re Pac. FAR E. Line, Inc. v. Official Creditor Comm.
  654 F.2d 664· 9th Cir.· 1981-08-28 ·cited 14×
  An attorney's lien on settlement proceeds, created under state law based on the parties' intent for the attorney to look to the fund for payment, survives bankruptcy and takes priority over general creditor claims.
• Genise Tatum Binninger v. Colin F. Hutchinson
  355 So. 2d 863· Fla. 1st DCA· 1978-03-08 ·cited 14×
  The court held that an oral agreement for the sale of real property was unenforceable under the Statute of Frauds because the buyer's possession was not clearly and positively acquiesced in by the seller, and the buyer's payment constituted a material variation of the agreement.
• Hebel v. Ebersole
  543 F.2d 14· 7th Cir.· 1976-09-02 ·cited 14×
  A holder in due course of a check on which payment was stopped has a superior claim to the deposited fund over unsecured claimants, and the district court did not abuse its discretion in severing the interpleader action from other claims.
• Palmer v. Radio Corp. OF Am.
  453 F.2d 1133· 5th Cir.· 1971-12-30 ·cited 14×
  An indirect transfer of a debtor's property to a creditor, even if through an intermediary and pursuant to a prior agreement, is a preferential transfer under § 60(a) of the Bankruptcy Act if it is not perfected within four months of bankruptcy and allows the creditor to obtain a
• Unkefer v. Condor Merritt et ux.
  207 So. 2d 726· Fla. 4th DCA· 1968-02-28 ·cited 14×
  An architect sought an equitable lien on property owned by defendants after performing architectural services for a club remodeling project. The trial court dismissed the complaint, but the appellate court reversed, holding that the complaint adequately alleged facts supporting a