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Fla. 2d DCA·
2024-12-27
A judgment that grants unrequested relief and eliminates a party's rights without notice or opportunity to be heard violates due process and is void. A circuit court must grant a motion for relief from judgment under Florida Rule of Civil Procedure 1.540 when the judgment was ent
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Fla. 4th DCA·
2021-12-22
Wilmington Savings Fund Society (Christiana Trust), as successor mortgagee, appeals an order granting rehearing and imposing an equitable lien for receivership fees on a condominium unit. The court reverses, holding that the safe harbor provision of Florida Statutes § 718.116(1)(
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Fla. 3d DCA·
2021-06-30
SG 2901, LLC appeals a judgment awarding Complimenti, Inc. payment for services rendered during condominium renovations. SG argues Complimenti was an unlicensed contractor barred by statute from enforcing the contract. The court affirmed, finding that Complimenti acted as an owne
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250 So. 3d 747·
Fla. 2d DCA·
2018-06-22
While an equitable lien may be imposed through subrogation when a party discharges another's debt, foreclosure of that lien is improper unless the party seeking foreclosure demonstrates that the original debtor was in default on the underlying obligation at the time the debt was
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162 So. 3d 257·
Fla. 2d DCA·
2015-03-06
Gail Fern, as trustee, appeals a judgment requiring her to pay special assessments to her homeowners' association for unauthorized structural repairs. The court reverses, holding that the association failed to establish that Fern's defense—that she should not pay for repairs exce
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112 So. 3d 563·
Fla. 4th DCA·
2013-04-10
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126 So. 3d 297·
Fla. 3d DCA·
2013-03-06
Great Lakes Reinsurance appeals the trial court's denial of its motion for directed verdict on Joe Harry Branam Sr.'s breach of contract claim regarding an insured fishing vessel damaged during a 2007 hijacking. The court reversed, holding that Branam lacked authority to file ins
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106 So. 3d 950·
Fla. 3d DCA·
2013-01-02
The court held that a junior mortgage holder's interest is not extinguished until the filing of a certificate of sale, not merely upon the entry of a foreclosure judgment.
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949 So. 2d 1108·
Fla. 3d DCA·
2007-02-14
A former wife appeals a trial court's refusal to award her attorneys' fees from the proceeds of the marital home sale. The appellate court reverses, holding that attorneys' fees incurred as a direct result of the former husband's reprehensible and contemptuous conduct may be impo
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820 So. 2d 948·
Fla. 3d DCA·
2002-05-01
Ramon Pacheco & Associates appeals the denial of its motion to compel arbitration of a third-party indemnification claim arising from allegations of defective architectural plans. The court held that the third-party indemnity claim arises out of the architectural services agreeme
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790 So. 2d 1280·
Fla. 4th DCA·
2001-08-15
This case involves an appeal from a summary judgment allowing the foreclosure of an equitable lien on a former marital home to satisfy alimony arrearages. The appellate court reversed the summary judgment, finding insufficient evidence to overcome the homestead exemption and that
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427 So. 2d 1054·
Fla. 4th DCA·
1983-03-09
The court held that dismissing the quantum meruit claim was error, requiring reversal and remand for further proceedings. The award of attorney fees and costs was also reversed.
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156 So. 2d 193·
Fla. 3d DCA·
1963-09-24
A valid judgment, even if erroneous, is not subject to collateral attack and binds the parties' interests in property.
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128 So. 2d 885·
Fla. 1st DCA·
1961-04-20
The court held that the contract did not grant the night club the right to reproduce Glenn Miller's performances, nor did it entitle the plaintiff to recover for misappropriation.
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124 Fla. 468·
Fla.·
1936-06-08
A married woman contracted with a corporation to manage her citrus grove under an agreement that explicitly limited the company's lien to the fruit proceeds and waived any statutory lien on the real property itself. When the woman sued to terminate the agreement due to breach, th