Foreclosure Of Equitable Lien

65 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Welsh v. Welsh
  160 Fla. 380· Fla.· 1948-04-13 ·cited 59×
  In this 1948 Florida divorce case, the Supreme Court reversed a trial court's decree that awarded the wife a substantial portion of the husband's property and a lump sum settlement based on a theory that she had a special equity in his property due to her labor in his drug store
• The Nat'l Exhibition Co. v. Ball
  139 So. 2d 489· Fla. 2d DCA· 1962-03-30 ·cited 46×
  National Exhibition Company contracted to purchase the Mayfair Inn from Ball and deposited $30,000 in escrow. When Ball failed to furnish an abstract of title or title insurance commitment by the contractual deadline of September 26, 1960, National sought a summary decree establi
• S & T Builders v. Globe Props., Inc.
  944 So. 2d 302· Fla.· 2006-11-16 ·cited 35×
  The Florida Supreme Court held that trial courts may include reasonably foreseeable attorney's fees in a lis pendens bond, resolving a conflict between district courts. The decision approves the Fourth District's reasoning that attorney's fees are recoverable damages in lis pende
• Gamma Dev. Corp. v. Steinberg
  621 So. 2d 718· Fla. 4th DCA· 1993-05-26 ·cited 30×
  Gamma Development Corporation appealed the dismissal with prejudice of its civil theft and conversion claims against an attorney and law firm that had applied escrowed funds to pay attorney fees. The court reversed, holding that dismissal with prejudice was improper because nomin
• Palmer v. Edwards
  51 So.2d 495· Fla.· 1951-03-13 ·cited 30×
  The Florida Supreme Court reversed a lower court's dismissal of a contractor's equitable lien claim. The court held that while a statutory lien might have been available, the contractor was not limited to that remedy and could pursue an equitable lien based on the facts presented
• Ross v. Gerung
  69 So. 2d 650· Fla.· 1954-01-15 ·cited 27×
  The Florida Supreme Court affirmed an equitable lien imposed on unincorporated church property to secure payment for repairs performed by a contractor. The court upheld both the use of a class action against church representatives and the availability of equitable liens against u
• Atwell v. The W. Fire Ins. Co.
  120 Fla. 694· Fla.· 1935-08-29 ·cited 24×
  The Florida Supreme Court upheld an insurance company's bill of interpleader where two parties claimed the same insurance proceeds—the insured homeowners and a mortgage lender—resolving that the mortgagee had an equitable lien on the proceeds under a covenant to insure in the mor
• Napolitano v. H. L. Robertson & Assocs., Inc.
  311 So. 2d 757· Fla. 3d DCA· 1975-04-22 ·cited 22×
  Florida appellate court reversed trial court's denial of jury trial, holding that appellants' compulsory counterclaim for breach of contract entitled them to jury trial as a matter of right, and the interrelated issues required jury trial on all claims.
• Degirmenci v. Sapphire-Fort Lauderdale, LLLP
  693 F. Supp. 2d 1325· S.D. Fla.· 2010-04-20 ·cited 20×
  The court dismissed claims under the Interstate Land Sales Full Disclosure Act (ILSFDA) for failure to state a claim or for being time-barred, and indicated it would likely decline supplemental jurisdiction over the remaining state law claims.
• Kahn v. Am. Sur. Co. of N.Y.
  120 Fla. 50· Fla.· 1935-06-10 ·cited 20×
  Harry Kahn, as assignee of a judgment creditor's decree, sued a surety company on a supersedeas bond to recover attorney's fees incurred in defending an appeal. The Florida Supreme Court reversed a new trial order and held that the attorney's fees obligation in the supersedeas bo
• Morgen-Oswood & Assocs. v. Cont'l Mortg. Invs.
  323 So. 2d 684· Fla. 4th DCA· 1975-12-05 ·cited 18×
  A general contractor sought an equitable lien on undisbursed construction loan funds after the owner breached a construction loan agreement and the lender refused to disburse the final payment due. The court held that the contractor was entitled to an equitable lien on the specif
• Zureikat v. Alwad Al Shaibani
  944 So. 2d 1019· Fla. 5th DCA· 2006-03-10 ·cited 17×
  Jacob Zureikat borrowed $200,000 from Alwad Al Shaibani for a real estate transaction but misappropriated the funds, using them for personal benefit and investing in his homestead. After obtaining a $200,000 judgment, Shaibani sought supplementary proceedings and successfully est
• 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.
• 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
• 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
• 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
• 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.
• 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
• 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.
• 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
• 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.
• 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
• 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
• 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.
• 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
• 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
• 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.
• 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
• 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
• 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.
• 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
• Pegram v. Pegram
  821 So. 2d 1264· Fla. 2d DCA· 2002-08-02 ·cited 6×
  Dianne Fay sought to enforce an equitable lien on property owned by her former husband William Pegram to collect domesticated New Mexico judgments for unpaid alimony and attorney's fees. The court affirmed the denial of her motion to enforce an equitable lien, holding that she fa
• Hall's Miscellaneous Ironworks, Inc. v. ALL S. Inv. Co., Inc.
  283 So. 2d 372· Fla. 1st DCA· 1973-10-04 ·cited 6×
  Hall's Miscellaneous Ironworks sought review of an order dismissing its counterclaim against All Southern Investment Company in a mortgage foreclosure action. The court affirmed the dismissal, holding that while Hall's might establish an equitable lien for materials supplied to i
• Royal Ambassador Condo. Ass'n, Inc. v. E. Coast Supply Corp.
  495 So. 2d 932· Fla. 4th DCA· 1986-09-10 ·cited 5×
  Royal Ambassador Condominium Association appealed a summary judgment awarding East Coast Supply Corp. a mechanic's lien on condominium property for roofing materials. The court held that while East Coast's lien description was overbroad, it could be enforced against individual un
• Partridge v. Partridge
  940 So. 2d 611· Fla. 4th DCA· 2006-11-01 ·cited 4×
  A widow appeals an order requiring her to vacate a home owned by her deceased husband, arguing the family court lacked personal jurisdiction over her. The court agrees and reverses, holding that the widow was not properly served and was entitled to due process protections before
• Divine Homes, Inc. v. Gulf Power Co.
  352 So. 2d 115· Fla. 1st DCA· 1977-11-10 ·cited 4×
  Divine Homes, Inc. contracted with Gulf Power Company to install an underground electrical system in a subdivision but failed to pay the agreed $4,750. After transferring subdivision lots to innocent purchasers, Divine Homes conveyed the remaining lot to the individual defendants
• United States v. Perry
  473 F.2d 643· 5th Cir.· 1973-01-08 ·cited 4×
• Hart v. Atwood
  96 Fla. 667· Fla.· 1928-12-05 ·cited 4×
  The appellate court reversed a lower court's decree that granted an equitable lien on property held by a husband and wife as an estate by the entireties. The court found the decree unenforceable because the wife, who was not a party to the suit or the contract, held an equal inte
• Pyotr Vitalievich Loginov v. Ekaterina Samoilova
  345 So. 3d 372· Fla. 3d DCA· 2022-08-10 ·cited 3×
  An equitable lien based on unjust enrichment cannot be pursued when an express contract governs the underlying debt, and a party with an adequate remedy at law—here, a judgment already obtained—is not entitled to equitable relief.
• Citizens State Bank v. Adams
  140 Fla. 578· Fla.· 1939-07-28 ·cited 3×
  This case involves a dispute over whether bank officers improperly transferred bank assets valued at $15,200 to themselves in exchange for stock they sold to a new shareholder. The Florida Supreme Court held that the bank cashier lacked authority to transfer substantial bank asse
• Merrill Lynch v. George
  516 So. 2d 1068· Fla. 4th DCA· 1987-12-16 ·cited 2×
  Merrill Lynch appealed a summary judgment foreclosing mortgages and granting an equitable lien in favor of George for maintenance and operation costs of property owned as tenants in common with Rooks. The court affirmed George's priority for the second mortgage but reversed regar
• Republic of Haiti v. Crown Charters, Inc.
  667 F. Supp. 839· S.D. Fla.· 1987-08-13 ·cited 2×
  The court held that material issues of fact precluded summary judgment on claims of constructive trust, breach of fiduciary duty, conversion, and money had and received. The court also granted Crown's motion to compel depositions of Stroock lawyers via written questions under spe
• Roehner v. Atl. Coast Dev. Corp.
  353 So. 2d 925· Fla. 4th DCA· 1978-01-04 ·cited 2×
  The court reversed the trial court's denial of a motion to dismiss an equitable lien foreclosure action where the statute of limitations defense appeared on the face of the complaint.
• Springfield Fire & Marine Ins. Co. v. Mrs. J. J. Shea
  124 Fla. 450· Fla.· 1936-06-01 ·cited 2×
  Springfield Fire & Marine Insurance Company sought to void a fire insurance policy issued to Mrs. J. J. Shea based on a contractual clause voiding coverage if foreclosure proceedings were commenced on mortgaged property. The Florida Supreme Court held that the underlying lawsuit
• Quest Sys., LLC v. A Home of MY OWN, LLC
  356 So. 3d 300· Fla. 2d DCA· 2023-02-08 ·cited 1×
  The appellate court reversed an order vacating a judicial sale, holding that the buyer failed to present sufficient evidence to justify setting aside the sale. The buyer's claim of ignorance regarding a superior mortgage was insufficient without evidence linking it to the sale or
• Flinn v. Doty
  275 So. 3d 671· Fla. 4th DCA· 2019-07-10 ·cited 1×
  A party who forecloses on property to satisfy equitable liens and obtains a judicial sale has elected that remedy and cannot thereafter obtain a money judgment for the entire lien amount; the party must pursue a deficiency decree instead.
• Vera v. Garcia
  390 So. 2d 797· Fla. 3d DCA· 1980-12-02 ·cited 1×
  Barbara Vera appealed an order denying her motion to vacate a final foreclosure judgment on a chattel mortgage for a boat. The court held that the plaintiff's subsequent filing of an amended complaint, reply pleading, and taking of the defendant's deposition did not waive the ben
• Deigaard & Preston Builders, Inc. v. Lyons
  167 So. 2d 776· Fla. 3d DCA· 1964-09-22 ·cited 1×
  A building contractor sought an equitable lien and recovery on a promissory note and construction contract for work on a hospital and professional building. The trial court awarded the contractor $15,591.80 on the note plus an equitable lien of $4,300, while allowing a $7,200 set
• James B. Martin, Inc. v. Moore
  Fla. 4th DCA· 2026-07-01
  A defective notice of commencement does not invalidate a properly recorded and served claim of lien against an owner in privity with the contractor; the defect merely affects the lien's priority date. Work commenced within ninety days when the contractor took measurements and ord
• Cauble v. Kaczmarski
  421 So. 3d 776· Fla. 3d DCA· 2025-09-17
  An out-of-possession cotenant is entitled to a credit for at least half of carrying costs borne by the in-possession cotenant and may present expert testimony on fair market rental value to offset the in-possession cotenant's contribution claims.