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

• In re Pittsburgh-Duquesne Dev. Co.
  482 F.2d 243· 3d Cir.· 1973-06-29 ·cited 8×
  The court held that a mortgagee's lien on rents collected after default persists during a Chapter XII reorganization, and a trustee's diversion of these rents to other expenses deprives the mortgagee of its security.
• Marshall v. Scott
  277 So. 2d 546· Fla. 2d DCA· 1973-05-16 ·cited 8×
  Marshall appealed a trial court order striking portions of an amended complaint seeking an equitable lien against Scott's electric company. The Florida appellate court reversed and remanded, finding that Scott's allegations were insufficient as a matter of law to state a cause of
• Berkan v. Brown
  242 So. 2d 207· Fla. 3d DCA· 1970-12-01 ·cited 8×
  The court held that the trial court correctly granted summary judgment against the counter-plaintiff, as there was no evidence of a joint venture or illegal action by the counter-defendants.
• Imler Earthmovers, Inc. v. Schatten
  240 So. 2d 76· Fla. 1st DCA· 1970-10-06 ·cited 8×
  Imler Earthmovers appealed the dismissal of its complaint seeking an equitable lien on defendants' property for unpaid contract work. The appellate court reversed, holding that the complaint alleged sufficient facts to support an equitable lien claim and that the motion to dismis
• Ferrell v. Inter-County Title Guar. & Mortg. Co.
  213 So. 2d 518· Fla. 3d DCA· 1968-08-21 ·cited 8×
  The appellate court affirmed a summary final judgment for a title guaranty and mortgage company, finding that the insured parties suffered no loss under their mortgage guaranty policy.
• Guar. Mortg. & Ins. Co. v. Harris
  193 So. 2d 1· Fla.· 1966-12-07 ·cited 8×
  Guaranty Mortgage & Insurance Company assigned mortgages to secure a debt, but the mortgages were void and an earlier pledgee (Harris) claimed priority based on an unperfected pledge agreement with the assignor. The Florida Supreme Court held that priority in assignments of chose
• Isidore Cherno-Appellant v. Dutch Am. Mercantile Corp.
  353 F.2d 147· 2d Cir.· 1965-11-09 ·cited 8×
  A subordination agreement alone does not constitute an equitable assignment of a chattel mortgage, and failure to file an assignment renders it void against creditors and subsequent bona fide purchasers.
• Shuford v. Anderson
  352 F.2d 755· 10th Cir.· 1965-07-27 ·cited 8×
  The court held that the appellant's argument regarding defective substituted service was likely waived but, even if considered, was without merit. The primary issue on appeal was venue, not service of process.
• Belcher v. Elliott
  312 F.2d 245· 6th Cir.· 1962-12-06 ·cited 8×
  The court held that the phrase "Gas & Oil Rights sold" in the deed, when considered with surrounding circumstances and subsequent conduct, constituted an exception of those rights from the conveyance, and that the defendants were entitled to a lien for improvements made in good f
• Commercial Eng'g & Contracting Co., Inc. v. Beals
  99 So. 2d 882· Fla. 3d DCA· 1958-01-23 ·cited 8×
  Commercial Engineering and Contracting Company sued Mary Y. Beals for payment under a contract with the deceased Edward E. Beals, claiming both statutory and equitable liens on property, and alternatively seeking money damages. The trial court dismissed the entire complaint, but
• State v. Jacksonville Expressway Auth.
  93 So. 2d 870· Fla.· 1957-03-29 ·cited 8×
  The court held that the Jacksonville Expressway Authority could lawfully refund outstanding bonds and enter into a new lease-purchase agreement, as statutory provisions and prior case law supported these actions.
• Benjamin S. Mesirow under Tr. Agreement known as Tr. No. 140 in behalf of all beneficiaries of his Tr. v. Duggan
  240 F.2d 751· 8th Cir.· 1957-02-04 ·cited 8×
  A bankruptcy trustee who obtains both the real estate and the purchase money from a void judicial sale, where the purchaser acted in good faith without actual knowledge of the sale's invalidity, cannot in conscience retain both and must grant the purchaser an equitable lien.
• The Bank OF Ariz. v. Nat'l Sur. Corp.
  237 F.2d 90· 9th Cir.· 1956-08-31 ·cited 8×
  The Court held that a bank, as a lawful assignee under the Assignment of Claims Act, takes priority over a surety's prior, unperfected assignment of contract proceeds when the bank receives payment without notice of the surety's claim.
• Blanton v. Young
  80 So. 2d 351· Fla.· 1955-05-11 ·cited 8×
  The Florida Supreme Court affirmed a lower court's decision, holding that a conveyance of property was not fraudulent and that the appellant was not entitled to an equitable lien for labor and materials furnished because they failed to foreclose on their mechanic's lien within th
• Margiotta v. Dist. Dir. of Internal Revenue
  214 F.2d 518· 2d Cir.· 1954-07-02 ·cited 8×
• Farmers & Merchs. Bank v. Commissioner of Internal Revenue
  175 F.2d 846· 8th Cir.· 1949-07-14 ·cited 8×
  The court held that the reorganization agreement created an equitable lien on the bank's subsequent earnings in favor of former depositors, making those earnings exempt from income tax under I.R.C. § 3798(b).
• First Camden Nat. Bank & Tr. Co. v. Ætna Cas. & Sur. Co.
  132 F.2d 114· 3d Cir.· 1942-12-04 ·cited 8×
  The court held that the bank's subsequent contract with the surety was governed by New Jersey law, under which the bank was entitled to apply the contractor's payment to an unsecured debt, and that the surety's claim to an equitable lien was unenforceable against the bank as a bo
• Dan Cohen Realty Co. v. Nat'l Sav. & Tr. Co.
  125 F.2d 288· 6th Cir.· 1942-01-14 ·cited 8×
  A civil action for specific performance of an executory contract to lease land, seeking a personal decree against the defendants, does not fall within the venue provisions of Judicial Code Section 57, even if the land is located within the district.
• Hillsborough Inv. Co. v. City OF Tampa
  149 Fla. 7· Fla.· 1941-12-12 ·cited 8×
  The Florida Supreme Court holds that a mortgagee who pays state and county taxes to protect its mortgage lien cannot be subrogated to the state's tax lien, but may recover the tax payments by adding them to the mortgage debt. The court rejected the mortgagee's assignee's claim th
• Geist v. Prudence Realization Corp.
  122 F.2d 503· 2d Cir.· 1941-08-11 ·cited 8×
  The court held that under New York law, a guarantor of mortgage certificates with an interest in the mortgage cannot share in the collateral until certificate holders are paid, unless there is a clear reservation of parity rights.
• India W. Sheridan and Lee T. Sheridan v. Respess
  147 Fla. 626· Fla.· 1941-07-01 ·cited 8×
  A suit to charge in equity and sell a married woman's separate property for unpaid purchase money is governed by constitutional authority rather than the law of vendor's liens, is cognizable exclusively in equity, and is not barred by the three-year statute of limitations.
• Seaboard Sur. Co. v. Spear
  119 F.2d 849· 6th Cir.· 1941-05-15 ·cited 8×
  The court held that plaintiffs had an equitable lien on settlement funds paid to the surety for work on Michigan camps, and that they did not have an adequate remedy at law.
• Mizner Land Corp. v. Abbott
  128 Fla. 489· Fla.· 1937-03-12 ·cited 8×
  Victor Searles, a newly wealthy heir without business experience, hired attorneys Abbott and Gaulden to manage his real estate interests and personal affairs. After disputes over fees and trust accounting, Searles sued to recover funds he alleged were misappropriated, while Gauld
• Treadwell v. Exch. Nat'l Bank of Tampa
  127 Fla. 40· Fla.· 1937-02-04 ·cited 8×
  This case concerns whether an equitable lien can be impressed on the proceeds of a note held by a third party to satisfy a debt. The appellate court affirmed the lower court's decision, finding that the allegations in the complaint were sufficient to establish such a lien.
• Amos v. Powell
  108 Fla. 139· Fla.· 1933-01-25 ·cited 8×
  The Florida Supreme Court quashed a writ of certiorari, holding that the State Comptroller, though not a direct party, is bound by decrees against a bank liquidator, who acts as his legal representative. The Comptroller's proper recourse for challenging such decrees is an appeal,
• Cooper v. McNAIR
  S.D. Fla.· 1931-05-12 ·cited 8×
  An attorney employed by a bank to prosecute litigation sought compensation from the bank's receiver for services rendered before the receivership was appointed, claiming entitlement to a preferred administrative expense or attorney's lien. The court held that the receiver's decis
• McClellan v. Solomon
  23 Fla. 437· Fla.· 1887-06-01 ·cited 8×
  McClellan purchased John S. Bird's undivided one-fifth interest in land at a sheriff's sale under execution of a judgment by George W. Jones. Solomon later purchased the same land from William C. Bird, who had acquired it pursuant to a chancery decree that set aside an earlier fr
• Ephraim L. Harrison and wife v. Hiram Roberts
  6 Fla. 711· Fla.· 1856-02-01 ·cited 8×
  This case addresses the priority of liens and mortgages when a judgment creditor executes on property acquired by the defendant after judgment. The court holds that a judgment lien attaches to all real property of the defendant regardless of when acquired, and that the first mort
• Alphonse Loubat v. Nourse
  5 Fla. 350· Fla.· 1853-01-01 ·cited 8×
  The Florida Supreme Court held that real estate purchased with partnership funds and held as partnership property is treated as personalty in equity for purposes of satisfying partnership debts, and therefore a widow cannot claim dower in such property when it has been conveyed t
• La Ley Sports Complex at the City of Homestead, LLC v. City of Homestead
  255 So. 3d 468· Fla. 3d DCA· 2018-09-12 ·cited 7×
  The trial court erred in suppressing evidence of Crosby's identification because the officer's initial contact with Crosby constituted a mere street encounter initiated by Crosby himself, not an unlawful detention, and officers possessed founded suspicion to stop the vehicle base
• U.S. Bank Nat'l Ass'n v. Cowell
  86 So. 3d 1214· Fla. 3d DCA· 2012-05-02 ·cited 7×
  The Florida Third District Court of Appeal reversed a trial court's dismissal of a foreclosure action, finding that the dismissal was an improper ultimate sanction for a single deficiency in filing required documents. The court held that lesser sanctions were available and approp
• Willis v. RED Reef, Inc.
  921 So. 2d 681· Fla. 4th DCA· 2006-01-25 ·cited 7×
  The Willises and Giacomino appealed a judgment finding them liable for fraudulent transfers of corporate assets and imposing an equitable lien on the Willises' homestead property. The Fourth District Court of Appeal affirmed the fraudulent transfer liability but reversed the impo
• Partridge v. Partridge
  912 So. 2d 649· Fla. 4th DCA· 2005-09-21 ·cited 7×
  Benjamin Partridge appeals a foreclosure judgment on an equitable lien placed on his homestead property to satisfy unpaid spousal support obligations. The Fourth District Court of Appeal affirms, holding that homestead property can be subject to foreclosure through an equitable l
• E & M Marine Corp. v. First Union Nat'l Bank
  783 So. 2d 311· Fla. 3d DCA· 2001-04-04 ·cited 7×
  E & M Marine Corp. appealed a judgment finding it could not recover repair costs from First Union National Bank under unjust enrichment theory, and challenging an award of transportation and storage costs to First Union. The court affirmed the unjust enrichment holding but revers
• Clark v. Perlman
  599 So. 2d 710· Fla. 1st DCA· 1992-05-13 ·cited 7×
  The court held that a party who has filed any paper in an action is entitled to notice of an application for default, even if they fail to respond to an amended complaint.
• M & P Concrete Prods., Inc. v. Woods
  590 So. 2d 429· Fla. 4th DCA· 1991-07-03 ·cited 7×
  An owner who defeats a mechanics' lien claim is not the prevailing party under section 713.29, Florida Statutes, and therefore cannot recover statutory attorney's fees, when in the same suit the contractor recovers judgment on a related claim for money damages. The prevailing par
• Edward Leasing Corp. v. Uhlig
  652 F. Supp. 1409· S.D. Fla.· 1987-02-05 ·cited 7×
  The court held that the Uhligs' residence, even if used for business, is protected by homestead exemption, and the separate office building's status requires further factual determination.
• Int'l Cmty. Corp. v. Overstreet Paving Co.
  493 So. 2d 25· Fla. 2d DCA· 1986-07-30 ·cited 7×
  A Florida appellate court affirmed a mechanic's lien foreclosure judgment but reversed course on prejudgment interest, holding that a subcontractor is entitled to prejudgment interest against a landowner and surety despite lack of privity, in light of the Florida Supreme Court's
• Am. Nat'l Bank OF Jacksonville v. Brantley
  204 So. 2d 251· Fla. 1st DCA· 1967-11-16 ·cited 7×
  The Florida District Court of Appeal, First District affirmed summary judgment for the defendant wife in an action on a promissory note signed by both spouses, holding that the wife's separate property is not liable for the husband's debt merely because she signed the note withou
• Smith v. Exerdell B. Martin and Albert C. Martin
  186 So. 2d 16· Fla.· 1966-03-02 ·cited 7×
  The Florida Supreme Court reversed a lower court's dismissal of a foreclosure action where a married woman fraudulently executed a mortgage describing herself as single to secure a loan that was used to discharge an encumbrance on her separate property. The court held that despit
• Cuno Corp. v. Lamb
  138 Fla. 773· Fla.· 1939-06-27 ·cited 7×
  The Florida Supreme Court affirmed a lower court's decision that denied a vendor's lien, despite entering a money decree for the plaintiff. The court found the evidence conflicting and deferred to the chancellor's findings.
• Wilbur v. Hampton
  128 Fla. 256· Fla.· 1937-05-20 ·cited 7×
  The Florida Supreme Court reversed a judgment, holding that a cause of action defectively stated in an equity bill of complaint could be properly stated in a subsequent law court declaration after the case was transferred, provided the original process was timely served. This all
• Inlet Colony, LLC v. Wight Martindale, III
  340 So. 3d 492· Fla. 4th DCA· 2022-06-01 ·cited 6×
  The appellate court affirmed a summary judgment for buyers who sought to recover their deposit on a real estate contract. The court held that buyers could terminate the contract because the closing did not occur by the "drop dead" date and because a notice of lis pendens remained
• Vazquez Calderon v. Vazquez
  251 So. 3d 303· Fla. 3d DCA· 2018-07-11 ·cited 6×
  An oral trust or equitable lien may be imposed on life insurance proceeds received by a designated beneficiary when clear and convincing evidence shows the insured intended the proceeds to be held in trust for another's benefit, and such a trust need not strictly comply with poli
• Gaspar's Passage v. Racetrac Petroleum, Inc.
  243 So. 3d 492· Fla. 2d DCA· 2018-04-04 ·cited 6×
  A trial court violates procedural due process and abuses its discretion when it rules on a discovery cutoff issue that was not properly noticed for hearing and served on the opposing party. A trial court must conduct a prejudice analysis under Binger v. King Pest Control before e
• Joeann McClandon v. Dakem & Assocs., LLC
  219 So. 3d 269· Fla. 5th DCA· 2017-05-26 ·cited 6×
  A court may appoint a receiver to enforce a charging order against a judgment debtor's LLC interest, but the receiver cannot exercise managerial control over the LLC.
• Flinn v. Doty
  214 So. 3d 683· Fla. 4th DCA· 2017-03-08 ·cited 6×
  Appellant challenges a foreclosure judgment on her homestead property, arguing it is exempt from forced sale. The court affirms the foreclosure of a $206,000 equitable lien securing mortgage payments appellant made from her parents' property proceeds, but reverses and remands reg
• Garcia v. Christiana Tr.
  208 So. 3d 176· Fla. 3d DCA· 2016-10-19 ·cited 6×
  The court granted a writ of certiorari and quashed an order allowing Christiana Trust to amend its foreclosure complaint against Eduardo Garcia. The court held that a prior appellate decision purporting to reverse Garcia's foreclosure judgment lacked legal effect because Garcia w
• J.B.J. Inv. OF S. Fla., Inc. v. Maslanka
  163 So. 3d 726· Fla. 5th DCA· 2015-05-01 ·cited 6×
  This case involves a dispute over whether a trial court properly denied a motion to extend a lis pendens on commercial property that the plaintiff claims should have been secured by a mortgage. The appellate court quashed the trial court's denial and remanded, finding that the pl
• Sec. & Exch. Comm'n v. Solow
  682 F. Supp. 2d 1312· S.D. Fla.· 2010-01-22 ·cited 6×
  The court found the defendant in civil contempt for failing to comply with the final judgment, as his claimed inability to pay was self-created through dissipation of assets.