Imposition Of Equitable Lien

25 Florida cases classified under this topic · sorted by citation count · browse and sort

• Richard Bertram & Co. v. Barrett
  155 So. 2d 409· Fla. 1st DCA· 1963-07-30 ·cited 33×
  Barrett, a resident of Escambia County, sued three defendants (two Dade/Broward corporations and a Palm Beach resident) in Escambia County for breach of warranty and fraud arising from a yacht sale that occurred in Broward County. The appellate court reversed, holding that venue
• Henry M. Butler, Inc. v. Trizec Props., Inc.
  524 So. 2d 710· Fla. 2d DCA· 1988-05-04 ·cited 27×
  The court held that a material issue of fact exists regarding whether the landlords were unjustly enriched by the improvements made by the contractor, precluding summary judgment on that claim.
• Wilkins v. Wilkins
  144 Fla. 590· Fla.· 1940-10-18 ·cited 26×
  This case involves the enforcement of a prior Florida Supreme Court decree requiring J. S. Wilkins to account for and convey estate property and personal assets belonging to W. C. Wilkins' estate. The Court reversed and remanded on two grounds: the lower court failed to impose a
• Harris Isaacson v. Isaacson
  504 So. 2d 1309· Fla. 1st DCA· 1987-03-05 ·cited 24×
  The Florida First District Court of Appeal reversed a trial court's imposition of an equitable lien on homestead property to recover unpaid child support and alimony arrearages. The court held that while equitable liens can theoretically be imposed on homestead property in cases
• 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.
• Pradip Jamnadas v. Mohan Singh
  731 So. 2d 69· Fla. 5th DCA· 1999-04-01 ·cited 15×
  Plaintiffs appealed the dismissal of counts seeking equitable liens and declaring mortgages void, alleging they provided funds for real estate purchases but defendants fraudulently obtained mortgages in their names without authorization. The court reversed, holding that the compl
• In re Fin. Federated Title & Tr. v. Kozyak
  347 F.3d 880· 11th Cir.· 2003-10-03 ·cited 12×
  A bankruptcy trustee sought to impose an equitable lien and constructive trust on a Florida homestead property purchased with funds fraudulently obtained through a massive Ponzi scheme involving viatical settlement investments. The bankruptcy court granted summary judgment for th
• Marchand v. DE Soto Mortg. Co.
  149 So. 2d 357· Fla. 2d DCA· 1963-01-30 ·cited 12×
  The court held that a lis pendens notice, filed more than one year prior, should be discharged and the deposit refunded when the underlying claim was transferred to the deposit and no statutory exceptions applied.
• Oliver v. Mercaldi
  103 So. 2d 665· Fla. 2d DCA· 1958-06-11 ·cited 12×
  Oliver appealed from a decree granting her foreclosure on a chattel mortgage but denying reformation and equitable lien relief. The court held that Oliver, as a vendor of a lease, was entitled to an equitable vendor's lien for unpaid purchase money despite the lease not being exp
• 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
• 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
• 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.
• 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
• VIC Tanny OF Fla., Inc. v. Fred McGILVRAY, Inc.
  348 So. 2d 648· Fla. 3d DCA· 1977-08-02 ·cited 6×
  Fred McGilvray, a mechanical subcontractor, sought to foreclose a mechanic's lien for unpaid work at a Vic Tanny Health Club. The trial court foreclosed the mechanic's lien and imposed an equitable lien against the defendants. The appellate court reversed, holding that the mechan
• Fernandez-Fox v. Reyes
  79 So. 3d 895· Fla. 5th DCA· 2012-02-17 ·cited 4×
  Roberta Fernandez-Fox appeals a final judgment in a partition action, challenging the trial court's decision to award attorney's fees only to the opposing party (Mark Reyes) and not to herself. The Fifth District Court of Appeal reverses the attorney's fee award, holding that bot
• Premier Finishes, Inc. v. Maggirias
  130 So. 3d 238· Fla. 2d DCA· 2013-11-15 ·cited 3×
  Premier Finishes, Inc. and Peter Torres sought certiorari review of a circuit court order discharging their construction lien and lis pendens based on a name discrepancy between the lienor (Premier Finishes) and the named contractor (PFI Construction) on the underlying contract.
• Babbit Elecs., Inc. v. Dynascan Corp.
  915 F. Supp. 335· S.D. Fla.· 1995-12-01 ·cited 2×
  The district court affirmed the magistrate judge's report and recommendation, deeming the judgment on order of impleader and imposition of equitable lien as such, and denied the Borensteins' objections.
• Publix Super Mkts., Inc. v. Figareau
  2021 WL 2065434· M.D. Fla.· 2021-09-14 ·cited 1×
  A court cannot award attorney's fees against counsel under ERISA's fee-shifting provision, 29 U.S.C. § 1132(g)(1), even if counsel is named as a party, as the statute is not intended to sanction attorney misconduct.
• Delta Aggregate, LLC v. Hermes Hialeah Warehouse, LLC
  266 So. 3d 248· Fla. 4th DCA· 2019-03-06 ·cited 1×
  The appellate court granted certiorari review and quashed a lower court's order denying a motion to discharge a lis pendens. The court found that the claim for an equitable lien, which supported the lis pendens, lacked the required "fair nexus" to the property and that the plaint
• Noti v. Holiday
  458 So. 2d 795· Fla. 3d DCA· 1984-10-16 ·cited 1×
• Muller v. Zaibet
  S.D. Fla.· 2023-10-27
  The court adopted the magistrate judge's recommendation to dissolve the notices of lis pendens, finding that the plaintiffs failed to establish a sufficient nexus between their claims and the properties in question.
• Witters Contracting Co. v. West
  Fla. 2d DCA· 2020-07-17
  The appellate court reversed a portion of a judgment against an individual contractor, David Witters, finding that the claim of lien he filed was not unambiguously signed in his individual capacity. The court affirmed the remainder of the judgment against his company, Witters Con
• Delta Aggregate, LLC v. Hermes Hialeah Warehouse, LLC
  Fla. 3d DCA· 2019-03-06
  The Court affirmed the trial court's judgment.
• Moore v. Schraw
  455 So. 2d 605· Fla. 5th DCA· 1984-09-06
  Moore appeals the trial court's order vacating a default judgment entered against Schraw and Schraw Realty for failure to respond to a breach of contract complaint. The appellate court reverses, holding that the default was properly entered without notice and that defendants fail
• Brown v. Jones
  140 Fla. 506· Fla.· 1939-11-17
  In this homestead property case, the Florida Supreme Court affirmed a decree that prevented foreclosure of a widow's homestead by her daughter (executrix-trustee) who mortgaged the property without authority. The court held that the homestead passed directly to the heirs rather t