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

• Peninsular Fire Ins. Co. v. Fowler
  166 So. 2d 206· Fla. 2d DCA· 1964-07-01 ·cited 10×
  Peninsular Fire Insurance Company appealed a declaratory judgment requiring it to pay fire insurance proceeds to Mary Lee Fowler, who held title as security pending receipt of condemnation compensation. The court reversed, holding that Fowler had no insurable interest in the prop
• Rood Co., Inc. v. Luber
  91 So. 2d 629· Fla.· 1956-10-24 ·cited 10×
  A supplier of paint and materials sought to enforce an equitable lien against real property after failing twice to foreclose a mechanics' lien within statutory deadlines. The Florida Supreme Court held that without allegations of wrongdoing or misrepresentation by the property ow
• Republic Nat'l Bank OF Dallas v. Robert G. Vial for The Ronston Corp.
  232 F.2d 785· 5th Cir.· 1956-04-19 ·cited 10×
  The court held that the bank's lien on accounts receivable collections was not valid because the accounts were not in existence when the notice of assignment was filed, and the Bankruptcy Act denies equitable liens where legal liens are not perfected. The court also modified the
• Wolk v. Leak
  70 So. 2d 498· Fla.· 1954-02-12 ·cited 10×
  In this Full Faith and Credit Clause case, the Florida Supreme Court affirmed enforcement of an Ohio divorce decree providing for accrued alimony and child support against the ex-husband's argument that accrued payments were subject to modification under Ohio law. The court held
• Landers Frary & Clark v. Vischer Prods. Co.
  201 F.2d 319· 7th Cir.· 1953-01-22 ·cited 10×
  A creditor can maintain an action for declaratory judgment and coercive relief to set aside fraudulent transfers of assets, even if the debt is not yet due and before obtaining a judgment and execution.
• Clark v. Barlow
  122 F.2d 337· D.C. Cir.· 1941-08-18 ·cited 10×
  The stipulation and release are binding, as the appellant failed to prove fraud or concealment sufficient to invalidate them.
• DeLong v. Marshall
  66 Fla. 410· Fla.· 1913-12-02 ·cited 10×
  This case concerns a vendor's equitable lien for unpaid purchase money. The court found that the vendor's lien attached to the land even when title was conveyed to a third party at the purchasers' direction, and that a subsequent transfer of the property did not extinguish this l
• King v. Hooton
  56 Fla. 805· Fla.· 1908-06-01 ·cited 10×
  The Florida Supreme Court reversed a decree granting real estate brokers a lien on a married woman's separate property for sales commissions. The court held that an agreement by a married woman to pay a commission for selling her separate property is not "for the benefit of" that
• The Mercantile Exch. Bank v. Taylor
  51 Fla. 473· Fla.· 1906-01-01 ·cited 10×
  The Florida Supreme Court upheld the validity of a mortgage executed by a married woman on her separate statutory property to secure a business debt. The court rejected arguments that the mortgage lacked good consideration or constituted fraud on creditors, holding that married w
• Woods v. William Bailey de bonis non of John Bellamy
  3 Fla. 41· Fla.· 1850-01-01 ·cited 10×
  This case involves a complex dispute over title to 600 acres of Florida land, where the estate of John Bellamy claims an equitable lien on property sold by Ransom Roberts to William Woods, based on Roberts' earlier agreement with W.H. Williams and subsequent compromise with Bella
• HUA v. Dennis H.L. Tsung
  222 So. 3d 584· Fla. 4th DCA· 2017-07-05 ·cited 9×
  In this dissolution of marriage appeal, the Fourth District Court of Appeal reversed and remanded on multiple issues, holding that the trial court erred by failing to apply the rebuttable presumption of permanent alimony in a long-term marriage, improperly excluding husband's val
• Apt. Inv. & Mgmt. Co. v. Flamingo/South Beach 1 Condo. Ass'n, Inc.
  84 So. 3d 1090· Fla. 3d DCA· 2012-03-14 ·cited 9×
  AIMCO appealed a trial court's denial of their motion to compel arbitration of claims by the Flamingo/South Beach 1 Condominium Association regarding alleged improper parking fee charges. The Florida appellate court affirmed the denial, holding that the Association's claims seek
• Silverio Antonio Gonzalez Plaza v. Maria Gabriela Gonzalez Plaza
  78 So. 3d 4· Fla. 3d DCA· 2011-09-07 ·cited 9×
  The appellate court held that the trial court erred in granting a temporary injunction and appointing a receiver without making the required findings of fact regarding irreparable harm and risk of loss.
• ALA v. Royce Chesser
  5 So. 3d 715· Fla. 1st DCA· 2009-02-17 ·cited 9×
  Appellant Larry Ala challenged a trial court's dismissal of his complaint against Royce Chesser based on the statute of frauds. The court held that an unjust enrichment claim based on an oral agreement for real property conveyance is not barred by the statute of frauds when the c
• Dyer v. Beverly & Tittle, P.A.
  777 So. 2d 1055· Fla. 4th DCA· 2001-01-10 ·cited 9×
  Thomas Dyer appealed a foreclosure judgment that would have forced the sale of his homestead property to satisfy attorney's fees judgments from his ex-wife's divorce proceedings. The Fourth District Court of Appeal reversed, holding that the attorney's fees judgments failed to co
• Liddle v. A.F. Dozer, Inc.
  777 So. 2d 421· Fla. 4th DCA· 2000-11-22 ·cited 9×
  The court held that a trial court erred by not requiring a party to elect a remedy when seeking the same relief under two mutually exclusive theories, allowing for a double recovery.
• Bancflorida v. Hayward
  689 So. 2d 1052· Fla.· 1997-02-27 ·cited 9×
  BancFlorida sought review of a Third District Court of Appeal decision that gave contract purchasers priority over the bank's purchase money mortgages on lots. The Florida Supreme Court reversed, holding that purchase money mortgages have priority over prior equitable liens, even
• Austin S. I, Ltd. v. Barton-Malow Co.
  799 F. Supp. 1135· M.D. Fla.· 1992-06-10 ·cited 9×
  The court adopted the Magistrate Judge's report and recommendation, denying Austin's motions to vacate the arbitration award and granting Barton's motion to confirm the award, finding no evident partiality by the arbitrator.
• J.C. Driskill, Inc. v. Abdnor
  901 F.2d 383· 4th Cir.· 1990-04-17 ·cited 9×
  The court held that the district court lacked jurisdiction over the plaintiffs' claims against the SBA because the SBA's "sue and be sued" clause does not waive sovereign immunity for equitable liens and the plaintiffs failed to comply with the Federal Tort Claims Act for damages
• In re Stauffer Seeds, Inc. v. Stauffer Seeds, Inc.
  817 F.2d 47· 8th Cir.· 1987-04-22 ·cited 9×
  The court held that the magistrate abused discretion by disallowing all fees for proving matters that should have been admitted and by not awarding fees for seeking sanctions. The court affirmed the magistrate's disallowance of duplicative attorney fees.
• Architectonics, Inc. v. Salem-American Ventures, Inc.
  350 So. 2d 581· Fla. 2d DCA· 1977-10-14 ·cited 9×
  Architectonics sued for payment after designing and constructing a building, seeking recovery through an equitable lien, open account, and account stated theories. The trial court dismissed three of four counts, and the appellate court reversed in part, holding that Architectonic
• Goodie Ryskind v. Robinson
  302 So. 2d 427· Fla. 4th DCA· 1974-10-31 ·cited 9×
  The appellate court reversed a portion of a summary judgment, finding that the appellant's affirmative defenses of fraud should have been considered at trial rather than disposed of in a summary proceeding. The court held that homestead property cannot be used to shield against f
• Bank OF W. Orange v. Assocs. Disc. Corp.
  197 So. 2d 858· Fla. 4th DCA· 1967-04-18 ·cited 9×
  Bank of West Orange appealed a judgment favoring Associates Discount Corporation, claiming it had the right to offset a $9,425 draft proceeds against debts owed by Arnold and Patrick. The court held that the draft was a special deposit for specific purposes, not a general deposit
• O. H. Thomason Builders' Supplies, Inc. v. Orsbia Goodwin
  152 So. 2d 797· Fla. 1st DCA· 1963-04-30 ·cited 9×
  A materialman sued to foreclose a lien on property after selling building materials that were incorporated into improvements, but failed to comply with statutory lien notice requirements. The court affirmed dismissal, holding that while an equitable lien may be available when sta
• Freligh v. Maurer
  111 So. 2d 712· Fla. 2d DCA· 1959-05-06 ·cited 9×
  Eleanor Freligh, a bona fide purchaser for value who acquired real property without notice two hours before suit was filed and a lis pendens recorded, appeals a decree subordinating her title to Irvin Maurer's equitable lien claim. The court holds that an unrecorded and unliquida
• Town of Naples v. Naples Improvement Corp.
  147 Fla. 94· Fla.· 1941-05-13 ·cited 9×
  The Town of Naples sought an equitable lien against properties abutting a street that the town improved at significant cost. The Florida Supreme Court affirmed dismissal of the bill, holding that the town lacked the legal basis for an equitable lien because it invested in its own
• Davis v. Battle
  132 Fla. 240· Fla.· 1938-03-04 ·cited 9×
  Florida Supreme Court reversed an equity decree subjecting a married woman's separate property to pay a real estate broker's commission. The court held that while brokers are entitled to commissions when they procure a ready, willing, and able purchaser, the benefits to a married
• Peninsula Terminal Co. v. Zaring
  113 Fla. 87· Fla.· 1933-12-04 ·cited 9×
  The court affirmed a lower court's decision to rescind a real estate contract due to fraudulent misrepresentations but reversed the award of interest, finding it should only accrue from the date the lawsuit was filed, not from the date of payments made under the contract.
• Inglis v. Casselberry
  200 So. 3d 206· Fla. 2d DCA· 2016-07-15 ·cited 8×
  Trustees of family trusts sought certiorari review of a trial court order compelling production of documents relating to trust distributions to the trustees' adult children in postjudgment supplementary proceedings by a former wife seeking to collect alimony from her ex-husband.
• Katz Deli OF Aventura, Inc. v. Waterways Plaza, LLC
  183 So. 3d 374· Fla. 3d DCA· 2013-11-27 ·cited 8×
  Katz Deli sued its landlord Waterways Plaza for breach of contract and constructive eviction after the landlord failed to repair a defective roof, causing water damage that forced the deli to close. The court affirmed an award of prospective lost profits through the initial lease
• Suarez v. KMD Constr., Inc.
  965 So. 2d 184· Fla. 5th DCA· 2007-08-24 ·cited 8×
  The Florida Fifth District Court of Appeal granted a petition for writ of certiorari challenging a trial court's denial of a motion to dissolve a notice of lis pendens filed by KMD Construction. The court held that KMD's claims were not founded on a duly recorded instrument as re
• Robles v. Robles
  860 So. 2d 1014· Fla. 3d DCA· 2003-12-03 ·cited 8×
  An equitable lien cannot be impressed upon a homestead for past-due alimony payments unless the payor spouse engaged in affirmative fraudulent or reprehensible conduct.
• Beta Real Corp. v. Graham
  839 So. 2d 890· Fla. 3d DCA· 2003-03-12 ·cited 8×
  A transferee of allegedly fraudulently conveyed assets is not considered to have committed a "tortious act" within Florida for purposes of establishing in personam jurisdiction under section 48.193(1)(b), Florida Statutes.
• Dietrich v. Winters
  798 So. 2d 864· Fla. 4th DCA· 2001-11-07 ·cited 8×
  In this family law appeal involving an unmarried cohabiting couple, the Fourth District Court of Appeal affirmed the trial court's award of primary residential custody and attorney's fees to the mother, but reversed the trial court's partition of real property titled solely in th
• Cross v. Strader Constr. Corp.
  768 So. 2d 465· Fla. 2d DCA· 2000-04-28 ·cited 8×
  The Crosses appealed an order granting Strader Construction's motion to enforce a judgment lien against their homestead property. The court reversed, holding that a quantum meruit judgment does not fall within the contractual exceptions to Florida's homestead exemption and theref
• la Roche v. LA Roche
  662 So. 2d 1018· Fla. 5th DCA· 1995-11-17 ·cited 8×
  Virginia Gay La Roche appealed a contempt order enforcing a property settlement agreement provision requiring her to execute a promissory note and mortgage. The Florida appellate court reversed, holding that property division awards cannot be enforced through contempt proceedings
• Bank Leumi Tr. Co. of N.Y. v. Lang
  898 F. Supp. 883· S.D. Fla.· 1995-07-28 ·cited 8×
  The Florida homestead exemption protects property even if acquired to defraud creditors, but annuities purchased with intent to hinder creditors are not exempt.
• Sunshine Meadows Condo. Ass'n, Inc. v. Bank ONE
  599 So. 2d 1004· Fla. 4th DCA· 1992-04-22 ·cited 8×
  A mortgagee holding a mortgage on property that later becomes part of a phased condominium's common elements cannot foreclose against individual condominium units in other phases, because statutory law and the condominium declaration prohibit liens against the condominium propert
• In re Donahue v. Donahue
  862 F.2d 259· 10th Cir.· 1988-12-01 ·cited 8×
  The court held that the divorce decree created an equitable lien in favor of Parker, making her a secured creditor whose claim could not be discharged in bankruptcy.
• Hutchens v. Maxicenters
  541 So. 2d 618· Fla. 5th DCA· 1988-04-21 ·cited 8×
  Hutchens appeals a non-final order denying his motion to dissolve a prejudgment replevin writ for a Mercedes automobile. The appellate court affirmed that Maxicenters established a prima facie right to possession and that venue was proper, but reversed the trial court's replevin
• Lucile J. Turner v. Idell C. Wheeler
  498 So. 2d 1039· Fla. 1st DCA· 1986-12-16 ·cited 8×
  Turner appeals a judgment declaring a 1970 deed to real property a mortgage and quieting title in Wheeler. The court affirms, holding that the deed was intended as security for a loan and therefore constitutes a mortgage rather than a conveyance of legal title, and that Turner fa
• In re Brass Kettle Rest., Inc. v. ASH
  790 F.2d 574· 7th Cir.· 1986-05-06 ·cited 8×
  The court held that the retainer agreement created a valid equitable lien, meaning the payments received by the law firm were not preferential transfers.
• Gardner v. Commonwealth OF Pa.
  685 F.2d 106· 3d Cir.· 1982-08-11 ·cited 8×
  The court held that liens obtained by confessed judgment are judicial liens avoidable under section 522(f)(1) of the Bankruptcy Code, and that the Eleventh Amendment does not bar the bankruptcy court from avoiding state liens.
• Excess & Cas. Reinsurance Ass'n v. Ins. Comm'r OF the State OF Cal.
  656 F.2d 491· 9th Cir.· 1981-09-14 ·cited 8×
  The court held that reinsurance proceeds upon an insurer's insolvency should be paid to the statutory receiver as dictated by the reinsurance contract and state law, and that an interpleader action against a state department acting as an ancillary receiver does not violate the El
• Hagen v. Fla. Drug, Inc.
  402 So. 2d 57· Fla. 4th DCA· 1981-08-12 ·cited 8×
  The court held that the trial court erred in dismissing counts one and two of the complaint, but correctly dismissed count three.
• Kinney v. Allied Home Builders, Inc.
  403 So. 2d 440· Fla. 2d DCA· 1981-07-08 ·cited 8×
  A claim for an equitable lien on undisbursed construction loan proceeds, arising from the same transaction as a prior dispute over construction contract charges, is a compulsory counterclaim that must be raised in the initial litigation or is barred.
• Royal v. Clemons
  394 So. 2d 155· Fla. 4th DCA· 1981-02-04 ·cited 8×
  This case involves an appeal of a final judgment foreclosing a mechanics lien filed by subcontractor Oscar Clemons against property owners for unpaid site preparation work on a shopping center project. The court upheld the lien award despite Clemons' untimely filing of notice to
• Barber v. Hatch
  380 So. 2d 536· Fla. 5th DCA· 1980-02-27 ·cited 8×
  Lessor sought eviction against lessee and purported assignee of a long-term lease. The trial court found an assignment valid through equitable estoppel and granted specific performance, but the appellate court reversed because the trial court applied the wrong standard of proof f
• In re Buchman v. Blake
  600 F.2d 160· 8th Cir.· 1979-06-12 ·cited 8×
  The bankruptcy court has general subject matter jurisdiction to sell a bankrupt's property, and a sale of the trustee's equity in a partnership interest, subject to valid liens, is valid if the trustee has title.
• E. E. Dean Snavely, Inc. v. Weatherking, Inc.
  343 So. 2d 58· Fla. 4th DCA· 1977-02-25 ·cited 8×
  The appellate court reversed a summary judgment granted to a materialman who failed to provide timely notice to the owner, as required by statute, before seeking recovery from the surety on a performance bond. The court held that the materialman had not met their burden of proof