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

• Great Am. Ins. Co. v. Louis Lesser Enters., Inc.
  353 F.2d 997· 8th Cir.· 1965-12-16 ·cited 14×
  The court held that venue was not sufficiently established for Lesser and D & L, and service of process was insufficient to establish personal jurisdiction over them and Continental. The court also found that C-9 and C-10 were federal instrumentalities, not alter egos, thus servi
• Caldwell v. Bankruptcy
  342 F.2d 485· 10th Cir.· 1965-03-17 ·cited 14×
  The court held that a Wyoming divorce decree created an effective equitable lien on a life insurance policy's proceeds, which was not a voidable preference and was perfected sufficiently to withstand the trustee's claims.
• Baum v. Pines Realty, Inc.
  164 So. 2d 517· Fla. 2d DCA· 1964-05-06 ·cited 14×
  Baum appeals from summary judgments dismissing his action to recover his 12.5% share of a real estate commission. The court holds that the original judgment awarding the full commission to the brokers against the owners was not res judicata as to Baum's individual entitlement, an
• Cradock v. Cooper
  123 So. 2d 256· Fla. 2d DCA· 1960-09-21 ·cited 14×
  A purchaser of real property appealed from a decree granting the sellers an equitable lien for half the loss of escrowed funds that were misappropriated by the sellers' attorney acting as escrow agent. The court reversed, holding that the sellers' attorney was the agent of the se
• Davis v. Davis
  98 So. 2d 777· Fla.· 1957-12-06 ·cited 14×
  William and Margaret Davis appealed a divorce decree that found Margaret held legal title to real property (Lot 3) as trustee for her son William, entitling his ex-wife Anita to an undivided one-half interest. The Florida Supreme Court reversed on the trust issue but affirmed the
• Shall v. Henry
  211 F.2d 226· 7th Cir.· 1954-03-05 ·cited 14×
  The court held that the district court properly dismissed the suit because it lacked jurisdiction due to improper venue and because the antitrust claims were not applicable to professional boxing.
• Ward v. Forde
  154 Fla. 383· Fla.· 1944-04-25 ·cited 14×
  Ward & Ward law firm sought a quantum meruit fee for legal services rendered in a zoning ordinance case for the Fordes after the original fee agreement became impractical due to intervention by third parties and the Fordes' inability to pay. The Florida Supreme Court reversed the
• Levin v. Barker
  122 F.2d 969· 8th Cir.· 1941-10-23 ·cited 14×
  The court held that the lower court erred in modifying the referee's allowance of attorney fees, finding the increased amount excessive.
• Pittman v. Union Planters Nat. Bank & Tr. Co.
  118 F.2d 211· 6th Cir.· 1941-03-04 ·cited 14×
  The court held that warehouse receipts for cottonseed were valid security, but products receipts were not, and that the bankrupt was solvent, thus denying preference claims.
• Fla. Brogdex Distribs., Inc. v. M. J. Hulsey in Bankr. for Skinner Mach. Co.
  103 Fla. 723· Fla.· 1931-11-27 ·cited 14×
  A bankruptcy trustee sued directors of a parent corporation and a subsidiary corporation they created, alleging the subsidiary was formed to divert assets of the bankrupt parent corporation beyond the reach of creditors. The Florida Supreme Court affirmed the lower court's overru
• King v. Ola Wells and her husband
  100 Fla. 588· Fla.· 1930-08-05 ·cited 14×
  In this Florida equity case, a real estate broker sought a lien on land for commission allegedly earned when he negotiated a sale between Ola Wells and W.C. Stevens. The Florida Supreme Court reversed the trial court's decision awarding a partial lien, holding that a breach of co
• Tribeca Lending Corp. v. Real Est. Depot, Inc.
  42 So. 3d 258· Fla. 4th DCA· 2010-07-14 ·cited 13×
  The court held that summary judgment for an equitable lien was proper, but the final judgment contained defects regarding foreclosed parties and retention of sale proceeds.
• Smith v. Smith
  761 So. 2d 370· Fla. 5th DCA· 2000-04-20 ·cited 13×
  Stephen Smith sought a writ of prohibition to prevent the forced sale of his homestead property to satisfy a child support and alimony lien imposed by his ex-wife Teresa. The Florida appellate court reversed the trial court's foreclosure order, holding that homestead property can
• Furst v. Blackman
  744 So. 2d 1222· Fla. 4th DCA· 1999-11-10 ·cited 13×
  Henry Furst appeals the trial court's dismissal of his third amended complaint with prejudice. The court reversed because the trial court violated multiple procedural requirements when dismissing the complaint, including failing to properly verify the motion to strike, lacking ad
• Radin v. Radin
  593 So. 2d 1231· Fla. 3d DCA· 1992-03-03 ·cited 13×
  The court held that the contempt adjudication for failure to pay July alimony was improper due to lack of notice, but affirmed the imposition of an equitable lien on the homestead due to the husband's egregious conduct.
• United Elec. Corp. v. The United States
  647 F.2d 1082· Ct. Cl.· 1981-04-22 ·cited 13×
  A subcontractor lacks standing to sue the United States directly for compensation owed under a subcontract when there is no privity of contract between the subcontractor and the United States.
• Phelps v. Higgins
  120 So. 2d 633· Fla. 2d DCA· 1960-05-18 ·cited 13×
  The court held that the trial court erred in denying the motion to dismiss and transferring the cause to the law side of the court without first determining if an equitable cause of action was stated and allowing amendment.
• Armstrong v. Blackadar
  118 So. 2d 854· Fla. 2d DCA· 1960-03-04 ·cited 13×
  Claude Armstrong brought a lien foreclosure action against Harry and Olive Blackadar for repairs to fire-damaged property. The trial court dismissed the complaint, finding no statutory lien could attach because John Riggi, who contracted for the repairs, did not own the property
• Neill v. Phinney
  245 F.2d 645· 5th Cir.· 1957-06-10 ·cited 13×
  A corporation actively winding up its affairs, even after a liquidating dividend, remains liable for taxes, and its distributee stockholders are liable as transferees regardless of solvency at the time of distribution.
• Herschel Bullen v. DE Bretteville
  239 F.2d 824· 9th Cir.· 1956-12-31 ·cited 13×
  The court held that the intervenors' claim under the 'two for one agreement' was a personal obligation barred by the statute of limitations and res judicata, and that the judgment awarding funds to a party not named as a plaintiff was improper.
• Pollizzi v. Craig Paulshock, M.D.
  52 So. 3d 786· Fla. 5th DCA· 2010-12-30 ·cited 12×
  Dr. Paulshock obtained a judgment against Davenport Anesthesiology Associates and thereafter sought to hold three physician-shareholders liable for fraudulent transfer of corporate funds through supplementary proceedings. The court affirmed the liability finding but reversed the
• Ben-Yishay v. Mastercraft Dev., LLC
  553 F. Supp. 2d 1360· S.D. Fla.· 2008-04-21 ·cited 12×
  The court held that claims against Mastercraft and MS are subject to arbitration, while fraudulent inducement and misrepresentation claims against Lap are barred by the economic loss rule, but the conversion claim against Lap is not arbitrable and will be stayed.
• Cuneo v. Conseco Servs., LLC
  899 So. 2d 1139· Fla. 3d DCA· 2005-03-09 ·cited 12×
  The Cuneos sought certiorari review to quash a trial court order denying their motion to dismiss an equitable lien claim against their homestead property and denying their request to stay the Florida action in deference to a first-filed Indiana action. The appellate court denied
• Conseco Servs., LLC. v. Richard Cuneo & Ngaire Cuneo
  904 So. 2d 438· Fla. 3d DCA· 2005-03-09 ·cited 12×
  The court held that a lis pendens on homestead property was properly dissolved because the plaintiff failed to establish a fair nexus between the property and the lawsuit, and the conditions imposed on the property were reversed.
• In re Fin. Federated Title & Tr. v. Kozyak
  347 F.3d 880· 11th Cir.· 2003-10-03 ·cited 12×
  A bankruptcy trustee sought to impose an equitable lien and constructive trust on a Florida homestead property purchased with funds fraudulently obtained through a massive Ponzi scheme involving viatical settlement investments. The bankruptcy court granted summary judgment for th
• Suntrust Bank v. Riverside Nat'l Bank OF Fla.
  792 So. 2d 1222· Fla. 4th DCA· 2001-08-29 ·cited 12×
  A refinancing lender who loses priority when its original first mortgage is satisfied may be entitled to equitable subrogation to the priority of the original first mortgage, provided the refinancing proceeds are used to pay off that prior lien and the junior lienor is no worse o
• Elliot Zaleznik v. Gulf Coast Roofing Co., Inc.
  576 So. 2d 776· Fla. 2d DCA· 1991-02-27 ·cited 12×
  Homeowners appealed a judgment awarding damages and liens to three subcontractors who performed work on their home after the general contractor abandoned the project due to financial difficulties. The court affirmed damages under unjust enrichment theory but reversed equitable li
• Evans v. Kathie Wall
  542 So. 2d 1055· Fla. 3d DCA· 1989-05-02 ·cited 12×
  In this Florida appellate case, an unmarried woman who contributed labor, materials, and funds to improve her former partner's residential and commercial property over five years seeks reimbursement through a constructive trust. The court affirmed the trial court's award of $8,00
• Venegas v. Skaggs
  867 F.2d 527· 9th Cir.· 1989-01-31 ·cited 12×
  The court held that the district court abused its discretion in denying the attorney's motion to intervene to confirm a lien for attorney's fees, and that a statutory award under 42 U.S.C. § 1988 does not limit an attorney's entitlement under a contingent fee agreement.
• Caribank v. Frankel
  525 So. 2d 942· Fla. 4th DCA· 1988-05-11 ·cited 12×
  Caribank appealed a summary final judgment of foreclosure in which the trial court found that the Frankels' equitable lien, arising from their contract and deposit with Three "D" Development, was superior to Caribank's mortgage lien because Caribank had actual knowledge of the Fr
• Adams Apple Distrib. Co. v. Papeleras Reunidas, S.A.
  773 F.2d 925· 7th Cir.· 1985-09-27 ·cited 12×
  The court affirmed the district court's award of consequential damages for breach of contract and the imposition of a lien on the defendant's trademarks, finding no error in either decision.
• In re the Est. OF Charles E. Mundell, Jr. v. Cowan
  459 So. 2d 358· Fla. 5th DCA· 1984-11-01 ·cited 12×
  In this estate law case, the court reversed a probate court decision denying a life insurance beneficiary's right to subrogation. The court held that because the insurance policy was expressly designated as the primary source for paying the deceased's debt to his first wife, and
• Florida Communities Hutchinson Island v. Arabia
  452 So. 2d 1131· Fla. 4th DCA· 1984-07-18 ·cited 12×
  The trial court erred by denying the motion to dissolve the lis pendens without requiring the respondents to post an indemnity bond, as the action was not founded on a duly recorded instrument.
• Ronald W. Kitzinger and Delores v. Kitzinger
  432 So. 2d 188· Fla. 1st DCA· 1983-05-25 ·cited 12×
  Gulf Power Company sought a mandatory injunction to remove a corner of the Kitzingers' house that encroached 18.06 feet into Gulf Power's electrical transmission line easement acquired in 1926. The circuit court denied the injunction but imposed an unliquidated lien on the homest
• In re Penn Cent. Transp. Co.
  596 F.2d 1127· 3d Cir.· 1979-01-11 ·cited 12×
  The court affirmed the reorganization court's approval of the Plan of Reorganization, finding it fair and equitable to the appellants.
• Chase Manhattan Bank v. S/D Enters., Inc.
  353 So. 2d 131· Fla. 3d DCA· 1977-11-22 ·cited 12×
  Chase Manhattan Bank appealed a trial court judgment that allowed it to foreclose on a condominium development but imposed an equitable lien on undisbursed construction loan funds for the benefit of the borrower's creditors. The appellate court reversed the equitable lien, holdin
• Charter Dev. Corp. v. Eversole
  342 So. 2d 143· Fla. 1st DCA· 1977-02-15 ·cited 12×
  The court held that the trial court erred in imposing an equitable lien when the plaintiff only sought a mechanic's lien and no special or peculiar equities were present.
• Sens v. Slavia, Inc.
  304 So. 2d 438· Fla.· 1974-11-13 ·cited 12×
  This case involves a dispute over a surplus fund from a mortgage foreclosure sale. The court held that Gilbert Sens, as trustee and purchaser of the equity of redemption, is entitled to the surplus fund, rejecting claims by unsecured tenant-creditors who had made advance rent pay
• 1800 N. Fed. Corp. v. Westinghouse Elec. Supply Co.
  224 So. 2d 384· Fla. 4th DCA· 1969-02-12 ·cited 12×
  Westinghouse Electric Supply Company failed to provide timely notice to a property owner as required by Florida lien law, serving notice 53 days after first material delivery instead of the required 45-day deadline. The court reversed summary judgment for Westinghouse, holding th
• Gerber Groves, Inc. v. Belle Glade Agric. Contractors, Inc.
  212 So. 2d 669· Fla. 2d DCA· 1968-07-03 ·cited 12×
  Gerber Groves, Inc. and land purchasers appeal a judgment granting Belle Glade Agricultural Contractors an equitable lien of $19,925 for land-clearing services. The appellate court affirmed, holding that an equitable agricultural lien under Chapter 85, Florida Statutes properly a
• United Pac. Ins. Co. v. The United States & William H. Kennedy in Bankr. of Nils Sigurd Andersson
  358 F.2d 966· Ct. Cl.· 1966-04-15 ·cited 12×
  An assignment of contract proceeds, even if not fully compliant with the Assignment of Claims Act, is valid between the parties and effective against a trustee in bankruptcy, unless it constitutes a voidable preference. Advances made prior to the assignment are considered anteced
• Adolph Sonnenschein v. Reliance Ins. Co.
  353 F.2d 935· 2d Cir.· 1965-12-10 ·cited 12×
  The court held that a trust beneficiary must specifically identify trust funds or their traceable proceeds within the bankrupt's assets to enforce an equitable lien; otherwise, the claim must be treated as that of a general creditor.
• Rhoda Glasser v. Seymour Glasser
  178 So. 2d 749· Fla. 3d DCA· 1965-10-05 ·cited 12×
  A wife appealed a divorce decree that required her to convey her interest in jointly owned residential property and corporate stock to her husband. The court reversed these provisions, holding that absent pleadings and proof showing the property was not her separate property or s
• Bd. OF Cnty. Comm'rs OF Okaloosa Cnty. v. Gulf Pipeline Co., Inc.
  168 So. 2d 757· Fla. 1st DCA· 1964-11-17 ·cited 12×
  The court held that while a legal claim for the 15% overrun was barred by a release, the subcontractor had an equitable claim for half of the costs associated with that overrun due to the government's inaccurate estimate and insufficient time for bidders to verify it.
• Marchand v. DE Soto Mortg. Co.
  149 So. 2d 357· Fla. 2d DCA· 1963-01-30 ·cited 12×
  The court held that a lis pendens notice, filed more than one year prior, should be discharged and the deposit refunded when the underlying claim was transferred to the deposit and no statutory exceptions applied.
• S. Ry. Co. v. Seaborn J. Flournoy
  301 F.2d 847· 4th Cir.· 1962-03-26 ·cited 12×
  The court held that certain unsecured, business-operating expenses incurred by a railroad within six months of reorganization proceedings can take priority over mortgage liens, even without a diversion of earnings, if they meet specific criteria of necessity and operational indis
• Furlong v. Coral Gables Fed. Sav. & Loan Ass'n
  121 So. 2d 797· Fla. 2d DCA· 1960-06-23 ·cited 12×
  Children of a deceased homeowner sought a declaratory decree to determine liability for a mortgage on homestead property after their father died and their stepmother (the widow and executrix) failed to pay the debt. The court held that because the mortgagee failed to file a claim
• Dewing v. Nelson & Co., Inc.
  117 So. 2d 744· Fla. 2d DCA· 1960-02-05 ·cited 12×
  A fertilizer company supplied materials to a grove that was under contract to be sold, and sought an equitable lien against the property when the buyer failed to pay. The court held that no equitable lien could be granted because the company had knowledge of the true ownership an
• Oliver v. Mercaldi
  103 So. 2d 665· Fla. 2d DCA· 1958-06-11 ·cited 12×
  Oliver appealed from a decree granting her foreclosure on a chattel mortgage but denying reformation and equitable lien relief. The court held that Oliver, as a vendor of a lease, was entitled to an equitable vendor's lien for unpaid purchase money despite the lease not being exp
• Margery G. Huntress v. Est. of Carroll B. Huntress
  235 F.2d 205· 7th Cir.· 1956-07-03 ·cited 12×
  A plaintiff may join a claim for money with a claim to subject property to that demand in a single action under Rule 18(b) of the Federal Rules of Civil Procedure, without first obtaining a judgment.