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

• Arey v. Williams
  81 So. 2d 525· Fla.· 1955-06-24 ·cited 12×
  The Florida Supreme Court affirmed a trial court's decree quieting title to land in the plaintiff but reversed the portion awarding the defendant a lien for improvements made to the property, holding that compensation for improvements must be measured by the enhancement in proper
• In re Fed. Facilities Realty Tr. v. Kulp
  220 F.2d 495· 7th Cir.· 1955-03-15 ·cited 12×
  A former trustee, who has not been discharged and whose final account is pending, remains a party in interest with a right to be heard on matters affecting the estate, including seeking equitable relief from funds in the court's custody.
• In re Joslyn's Estate. Fisher v. Young
  168 F.2d 803· 7th Cir.· 1948-06-04 ·cited 12×
  The Bankruptcy Court lacked summary jurisdiction to enter orders against an attorney who claimed an equitable lien on funds not in the court's possession, especially when the attorney timely objected to summary jurisdiction.
• Jamison Coal & Coke Co. v. Goltra
  143 F.2d 889· 8th Cir.· 1944-07-27 ·cited 12×
  The court held that the contract did not create an equitable lien and that specific performance was not warranted due to an adequate legal remedy and the contract's nature as a hazard.
• Phillips Petroleum Co. v. Gable
  128 F.2d 943· 10th Cir.· 1942-06-15 ·cited 12×
  The court held that the phrase 'first proceeds' in the contract established a lien on the oil well production from the beginning of production until the debt was fully paid, not merely until the proceeds equaled the debt.
• Mitchell v. Bowman
  123 F.2d 445· 10th Cir.· 1941-11-10 ·cited 12×
  The court held that Mitchell's equitable lien on the fund had priority over Bowman's assignment.
• Tower Grove Bank & Tr. Co. v. Weinstein
  119 F.2d 120· 8th Cir.· 1941-04-26 ·cited 12×
  A junior mortgagee is not entitled to rents collected by a bankruptcy trustee after adjudication and before foreclosure sale if the mortgage did not pledge rents and the mortgagee took no steps to secure possession or impound the rents.
• Buhl v. Kavanagh
  118 F.2d 315· 6th Cir.· 1941-03-14 ·cited 12×
  The court held that the appellant was not the grantor of the trust, and her father, the settlor, retained sufficient control to be considered the grantor for tax purposes. The court also allowed the government to offset the refund amount by taxes erroneously refunded to the trust
• Jahn v. Purvis
  145 Fla. 354· Fla.· 1940-12-20 ·cited 12×
  The Florida Supreme Court reversed a lower court decision that awarded title to defendant Purvis based on adverse possession. The court held that a void deed from a husband attempting to convey homestead property to his wife could not support Purvis's adverse possession claim, an
• Edelson v. Quinn
  123 Fla. 670· Fla.· 1936-04-11 ·cited 12×
  The Florida Supreme Court affirmed the trial court's denial of a motion to transfer an equity suit seeking to enforce a vendor's lien for unpaid purchase price on real estate sold together with personal property. The court held that a vendor's lien in equity can be enforced on re
• Frosen v. Capo
  88 Fla. 236· Fla.· 1924-10-09 ·cited 12×
  Alice Frosen took possession of land and agreed to pay John Capo $1,500 for his interest in it, but then refused to pay or sell the property. The Florida Supreme Court held that despite the agreement being oral (parole), Capo has an equitable right to subject the lands to payment
• Rewis v. Williamson
  51 Fla. 529· Fla.· 1906-01-01 ·cited 12×
  This case concerns a vendor's lien for unpaid purchase money on land. The court held that a subsequent purchaser who had notice of the outstanding debt, even if not of the specific lien, could not defeat the vendor's equitable lien.
• Am. Bankers Life Assurance Co. OF Fla. v. 2275 W. Corp.
  905 So. 2d 189· Fla. 3d DCA· 2005-04-06 ·cited 11×
  American Bankers Life Assurance Co. appealed a summary judgment foreclosure ruling, seeking attorney's fees. The Florida Third District Court of Appeal reversed, holding that the foreclosure action was time-barred under Florida's statute of repose, which terminates a mortgage lie
• Spridgeon v. Spridgeon
  779 So. 2d 501· Fla. 2d DCA· 2000-12-08 ·cited 11×
  The court held that equitable circumstances, including the prevention of unjust enrichment, are proper grounds for imposing equitable liens on homestead property, even without fraud.
• Summerton v. Mamele
  711 So. 2d 131· Fla. 5th DCA· 1998-05-01 ·cited 11×
  A Florida appellate court reversed in part a judgment against a home contractor, holding that the contractor was entitled to prejudgment interest on his breach of contract claim despite failing to file a required contractor's affidavit, and that the homeowners' attorneys' fees aw
• Standard Prop. Inv. Tr., Inc. v. Luskin
  585 So. 2d 1099· Fla. 4th DCA· 1991-09-11 ·cited 11×
  The court held that the statutory requirements for initiating supplementary proceedings under Fla. Stat. § 56.29(1) were met, and the prior requirement of a returned unsatisfied writ of execution was eliminated by a 1967 amendment.
• Ginsberg v. Keehn
  550 So. 2d 1145· Fla. 3d DCA· 1989-08-29 ·cited 11×
  In a consolidated appeal regarding attorney's fees in a shareholder derivative action, the Florida District Court of Appeal affirmed the trial court's award of $35,000 in fees to derivative counsel while denying fees to individual counsel, and affirmed the charging lien priority,
• Whigham v. Muehl
  511 So. 2d 717· Fla. 1st DCA· 1987-08-24 ·cited 11×
  The court held that a party may assert an equitable lien in supplementary proceedings even if not explicitly pleaded in the underlying action, provided the causes of action are not identical.
• In re Forfeiture OF the following described Prop.: ONE 1979 Chevrolet CIO VAN v. Scaglione
  490 So. 2d 240· Fla. 2d DCA· 1986-06-27 ·cited 11×
  The Sheriff of Hillsborough County sought to forfeit a van used in gambling activities. The trial court initially ordered forfeiture but reversed on motion for rehearing, finding the vehicle owner's brother had an equitable interest. The appellate court reversed, holding that sta
• Adele Stroh v. Dudley
  476 So. 2d 230· Fla. 4th DCA· 1985-08-21 ·cited 11×
  The Florida Fourth District Court of Appeal reversed the lower court's dismissal with prejudice of a counterclaim for breach of fiduciary duty and constructive trust that was filed after the 90-day window for substituting the deceased plaintiff's personal representative. The cour
• Paskow v. Calvert Fire Ins. Co.
  579 F.2d 949· 5th Cir.· 1978-09-11 ·cited 11×
  A federal tax lien does not have priority over a mortgagee's security interest in an insurance fund that represents proceeds of damaged collateral, even if the fund is considered property of the mortgagor for lien attachment purposes.
• Zehnbar v. Spillman
  25 Fla. 591· Fla.· 1889-06-01 ·cited 11×
  In this second appeal, the Florida Supreme Court addressed whether a decree removing trustees of the St. Johns Co-operative Colony was void due to procedural defects, and whether executions could be levied against trust property. The court held the removal decree void for lack of
• The Bank OF NEW York Mellon v. Mestre
  159 So. 3d 953· Fla. 5th DCA· 2015-03-13 ·cited 10×
  Bank of New York Mellon appealed a trial court order awarding over $20,000 in attorney's fees to the Mestres, who successfully challenged a mortgage foreclosure by proving their signatures were forged. The appellate court reversed the attorney's fees award, finding no contractual
• MIX v. Adventist Health System/Sunbelt, Inc.
  67 So. 3d 289· Fla. 5th DCA· 2011-04-01 ·cited 10×
  James Mix appeals a trial court order awarding attorney's fees to Florida Hospital under Florida's offer of judgment statute, arguing the hospital's settlement proposals were ambiguous. The Fifth District Court of Appeal reversed the attorney's fees award, finding that Florida Ho
• Collinson v. Miller
  903 So. 2d 221· Fla. 2d DCA· 2005-04-13 ·cited 10×
  Sharon Collinson appeals a trial court judgment imposing a constructive trust on her homestead property in favor of her stepchildren Philip Miller III and Gloria Miller Daigh. The appellate court reversed, holding that the Miller children's claim for constructive trust was barred
• Radison Props., Inc. v. Flamingo Groves, Inc.
  767 So. 2d 587· Fla. 4th DCA· 2000-09-13 ·cited 10×
  Radison Properties appeals a foreclosure judgment granted to the Greenwalds, challenging whether a former corporate officer (Kanaan) had authority to mortgage property on behalf of the corporation. The court reversed, holding that Kanaan lacked actual authority under Florida Stat
• Gordon v. Flamingo Holding P'ship
  624 So. 2d 294· Fla. 3d DCA· 1993-08-17 ·cited 10×
  Robert Gordon sold his Caribbean Towers property with a purchase money mortgage and later sought foreclosure when the mortgagor transferred development rights from the mortgaged property to an adjacent property without his knowledge or consent, significantly impairing the collate
• THE Florida BAR v. Rood
  622 So. 2d 974· Fla.· 1993-06-24 ·cited 10×
  An attorney who knowingly encourages clients to execute false documents filed with a court and who files false affidavits in civil proceedings regarding material facts violates multiple rules of professional conduct and is subject to suspension from practice.
• Fishbein v. Palm Beach Sav. & Loan Ass'n
  585 So. 2d 1052· Fla. 4th DCA· 1991-09-04 ·cited 10×
  Mrs. Fishbein appeals a trial court judgment awarding an equitable lien against her homestead property to Palm Beach Savings & Loan Association, while the Bank cross-appeals the denial of its mortgage foreclosure. The court reverses the equitable lien award, holding that equitabl
• Matchett v. Wold
  818 F.2d 574· 7th Cir.· 1987-05-04 ·cited 10×
  The court held that the district court's dismissal for lack of diversity jurisdiction was premature because it could not determine from the record whether the joinder of additional defendants destroyed diversity.
• Zacco Contractors, Inc. v. Irving Tr. Co.
  488 So. 2d 616· Fla. 3d DCA· 1986-05-13 ·cited 10×
  A subcontractor awarded an equitable lien on undisbursed loan proceeds is entitled to prejudgment interest, even without privity of contract with the lender, based on the loss theory of damages.
• Frambach v. Dunihue
  419 So. 2d 1115· Fla. 5th DCA· 1982-08-25 ·cited 10×
  The Frambachs appeal a judgment awarding Dunihue an undivided one-half interest in their home as a tenant in common. The court reversed, holding that while Dunihue may be entitled to an equitable lien for his improvements, he cannot claim ownership interest without proof of a pro
• Denes & Denes & Assocs., Inc. v. Walter E. Heller & Co. OF Fla., Inc.
  396 So. 2d 760· Fla. 3d DCA· 1981-03-24 ·cited 10×
• Vincenzo Armetta v. Clevetrust Realty Invs.
  384 So. 2d 55· Fla. 4th DCA· 1980-06-04 ·cited 10×
  The court held that a counterclaim seeking an equitable lien based on equitable estoppel must allege fraud, misrepresentation, or other affirmative deception to state a cause of action.
• Calvert Fire Ins. Co. v. Environs Dev. Corp.
  601 F.2d 851· 5th Cir.· 1979-08-30 ·cited 10×
  The court held that the district court erred in granting summary judgment against Pringle and should have permitted O'Neal to intervene, reversing the decision.
• Campbell v. Pace
  369 So. 2d 413· Fla. 3d DCA· 1979-04-03 ·cited 10×
  The Campbell estate appeals a summary judgment imposing a constructive trust on mortgage foreclosure proceeds in favor of real estate brokers. The court affirmed, holding that under the letter agreement, the brokers were entitled to a 5% commission from principal payments actuall
• Haney v. Holmes
  364 So. 2d 81· Fla. 2d DCA· 1978-11-08 ·cited 10×
  The court held that the statute of limitations applicable to the plaintiff's claim was the one in effect prior to the amendment of the probate code, as the new statute could not be applied retrospectively to shorten the time for bringing the action.
• Svend O. Hansen v. Five Points Guar. Bank
  362 So. 2d 962· Fla. 1st DCA· 1978-08-24 ·cited 10×
  This appeal addresses the priority of liens and security interests in a foreclosure case. The court held that an option to purchase real estate, when recorded, constitutes a valid encumbrance binding on subsequent mortgagees with notice, and thus takes priority over a later impro
• Zanathy v. Beach Harbor Club Ass'n, Inc.
  343 So. 2d 625· Fla. 2d DCA· 1977-01-21 ·cited 10×
  In this condominium lien foreclosure case, the Florida Second District Court of Appeal reversed in part and affirmed in part a trial court judgment awarding the Beach Harbor Club Association assessments and a lien on two condominium units owned by the Zanathys. The court found er
• Worldwide Development-Kendale Lakes W. v. LOT Headquarters, Inc.
  305 So. 2d 271· Fla. 3d DCA· 1974-12-31 ·cited 10×
  A real estate broker sought to enforce an equitable lien for commission by filing a notice of lis pendens on property purchased by the defendant. The court reversed the trial court's denial of the defendant's motion to remove the lis pendens, holding that brokers cannot use lis p
• Equity Mortg. Corp. v. Loftus
  504 F.2d 1071· 4th Cir.· 1974-10-18 ·cited 10×
  The court held that the government's redemption price under 28 U.S.C. § 2410(d) should be the amount paid at foreclosure sale plus statutory interest and necessary expenses, but not necessarily the full amount of the foreclosing lienholder's debt. It also held that the government
• Schetter v. Schetter
  279 So. 2d 58· Fla. 4th DCA· 1973-06-08 ·cited 10×
  A grantor who conveyed property fraudulently may recover that property from a non-innocent grantee obtained through undue influence or duress, even though the grantor lacked clean hands, when the grantee is the more culpable party and the parties are not in pari delicto.
• Westinghouse Elec. Supply Co. v. Midway Shopping Mall, Inc.
  277 So. 2d 809· Fla. 3d DCA· 1973-05-08 ·cited 10×
  The court held that genuine issues of material fact existed regarding owner prejudice from late notice and improper payments, precluding summary judgment.
• In re The NEW York
  457 F.2d 683· 2d Cir.· 1972-03-17 ·cited 10×
  The Connecticut reorganization court retains jurisdiction to review the fairness and equity of the consideration to be paid by Penn Central to the New Haven estate, alongside the Pennsylvania court.
• Citizens Co-Op GIN v. United States
  427 F.2d 692· 5th Cir.· 1970-06-16 ·cited 10×
  The court held that the Federal Tax Lien Act of 1966 grants superpriority to possessory liens for services that add value to personal property, even if the liens are equitable and possession is constructive. However, attorney's fees incurred in enforcing such liens do not automat
• In re Hygrade Envelope Corp. v. Gibraltar Factors Corp.
  393 F.2d 60· 2d Cir.· 1968-04-01 ·cited 10×
  The court held that the trustee is entitled to recover the value of a preferentially transferred insurance policy, reduced by amounts attributable to new advances made in good faith, but not by advances secured by other collateral.
• Hill v. Field
  384 F.2d 829· 10th Cir.· 1967-11-07 ·cited 10×
  The court held that while a personal judgment and equitable lien against a co-tenant's interest for operating expenses are permissible under an agreement, the proceeds from a production payment sale are only subject to an equitable lien for expenses related to the specific leases
• In re Dutcher Constr. Corp.
  378 F.2d 866· 2d Cir.· 1967-06-14 ·cited 10×
  The surety is entitled to the fund representing an increase in the contract price due to changed conditions, as this fund never became part of the bankrupt's estate.
• Kolb v. Berlin
  356 F.2d 269· 5th Cir.· 1966-02-23 ·cited 10×
  The court did not explicitly state a holding in this concurring opinion, but implied that earned annual leave is property of the bankruptcy estate.
• Gottesman v. Owen
  172 So. 2d 257· Fla. 3d DCA· 1965-02-26 ·cited 10×
  The appellate court affirmed a lower court's decision finding an equitable lien on the appellants' property due to improvements made by the appellee. The court found the facts supported the existence of the lien based on established equitable principles.