Materialman'S Lien

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

• Crane Co. v. Fine
  221 So. 2d 145· Fla.· 1969-04-02 ·cited 165×
  Crane Co. sought to foreclose a materialman's lien for materials supplied to a building project and, alternatively, to establish an equitable lien on holdback funds. The Florida Supreme Court held that materialmen are not limited to statutory liens but may seek equitable liens ba
• Ferdon v. Hendry Lumber Co.
  97 Fla. 283· Fla.· 1929-02-23 ·cited 116×
  The Florida Supreme Court reversed an order overruling a demurrer to a bill of complaint seeking to foreclose a materialman's lien on property held by entireties. The court found the bill insufficient for failing to allege statutory requirements for such a lien.
• Peoples Bank of Jacksonville v. Arbuckle
  82 Fla. 479· Fla.· 1921-12-19 ·cited 70×
  Peoples Bank of Jacksonville appealed a decree prioritizing materialmen's statutory liens over its mortgage on property where construction was in progress. The Supreme Court of Florida reversed, holding that materialmen's liens only have priority over liens accruing after materia
• Hendry Lumber Co. v. Bryant
  138 Fla. 485· Fla.· 1939-06-06 ·cited 65×
  Hendry Lumber Company sought to foreclose a materialman's lien for building supplies furnished to N.C. Bryant for construction on his real property. The Florida Supreme Court reversed the trial court's dismissal, holding that a materialman contracting directly with a property own
• In re Morse Elec. Co., Inc.
  805 F.2d 262· 7th Cir.· 1986-11-04 ·cited 63×
  The court held that the Indiana construction bond statute covers materials exclusively dedicated to a project for a period, and the value of such materials' depreciation is covered, even if not physically incorporated. The case was remanded for further evidence on the barriers' c
• Spears v. W. Coast Bldrs. Sup. Co.
  133 So. 97· Fla.· 1931-02-25 ·cited 57×
  The Florida Supreme Court held that when a materialman's lien foreclosure complainant is adjudicated bankrupt, the bankruptcy trustee may sell and assign the lien and associated cause of action to third parties, who then acquire full rights to proceed with the suit. The court aff
• Carolina Lumber Co. v. Daniel
  97 So. 2d 156· Fla. 1st DCA· 1957-09-26 ·cited 53×
  The appellate court affirmed the trial court's dismissal of the materialman's lien foreclosure complaint, finding no error in the lower court's determination that the contractor was not the owner's agent.
• Harper Lumber & Mfg. Co. v. Teate
  98 Fla. 1055· Fla.· 1929-12-07 ·cited 50×
  Harper Lumber appeals from dismissal of its suit to enforce a materialman's lien against real property. The court holds that while Harper failed to comply with statutory notice requirements for creditors not in privity with the owner, the owner's express promise to pay the claim
• Tallahassee Variety Works v. Brown
  106 Fla. 599· Fla.· 1932-01-08 ·cited 47×
  The Florida Supreme Court reversed a lower court dismissal of a materialman's claim against a married woman's separate property, holding that constitutional provisions allow a woman's separate property to be charged in equity for materials furnished in construction with her knowl
• In re Fid. Mortg. Invs. v. Camelia Builders, Inc.
  550 F.2d 47· 2d Cir.· 1976-09-03 ·cited 42×
  The dissenting judge held that the bankruptcy referee and district court lacked jurisdiction to punish appellants for contempt, as the underlying order violated was not a 'lawful order' within the meaning of the Bankruptcy Act and the property in question was not part of the debt
• Carey Lumber Co. v. Bell
  615 F.2d 370· 5th Cir.· 1980-04-11 ·cited 40×
  A debt is nondischargeable under section 17(a)(4) of the Bankruptcy Act if it arises from a statutory trust created by the misapplication of construction funds, even without a finding of intentional wrongdoing or personal benefit to the bankrupt.
• Marshall & Spencer Co. v. Peoples Bank of Jacksonville
  88 Fla. 190· Fla.· 1924-08-02 ·cited 39×
  This case concerns the effect of a reversed foreclosure decree on a sale that occurred during the appeal. The court held that a complete reversal of a foreclosure decree vacates any sale conducted under that decree, requiring a resale and an accounting for rents and profits.
• Standard Accident Ins. Co. v. Bear
  134 Fla. 523· Fla.· 1938-10-10 ·cited 38×
  Standard Accident Insurance Co., as surety on a contractor's bond, sought reversal of a decree requiring it to indemnify the owner Sullivan for materialman's liens on construction work. The Florida Supreme Court reversed, holding that when an owner receives statutory notice of a
• Agin v. Gainesville Planing & Coffin Co.
  80 Fla. 679· Fla.· 1920-11-11 ·cited 36×
  The Florida Supreme Court reversed a lower court decree that sought to subject Mary Bell Agin's separate property to a material supplier's claim for lumber and materials furnished to a contractor building a house on her land. The court held that without privity of contract and th
• N. C. Freed Co., Inc. v. Bd. OF Governors OF the Fed. Reserve Sys. & Fed. Trade Comm'n
  473 F.2d 1210· 2d Cir.· 1973-02-01 ·cited 34×
  The Federal Reserve Board did not exceed its authority in promulgating a regulation that includes statutory liens within the definition of 'security interest' for the purpose of the Truth-in-Lending Act's rescission provision.
• Alton Towers, Inc. v. Coplan Pipe & Supply Co., Inc.
  262 So. 2d 671· Fla.· 1972-05-03 ·cited 34×
  The Florida Supreme Court held that when a contractor defaults on a direct contract with a property owner, the owner may offset the reasonable costs of completing the work against the unpaid balance of the contract price before a materialman (supplier) can claim a lien against th
• Foley Lumber Co. v. Koester
  61 So. 2d 634· Fla.· 1952-11-21 ·cited 33×
  This case examines the requirements for materialmen and subcontractors to enforce liens against property owners under Florida's Mechanics' Lien Law. The Supreme Court of Florida clarified that a materialman without privity of contract with the owner must strictly comply with stat
• Gardner & N. Roofing & Siding Corp. v. Bd. of Governors of the Fed. Reserve Sys.
  464 F.2d 838· D.C. Cir.· 1972-07-14 ·cited 24×
  The Federal Reserve Board's regulation defining 'security interest' to include liens arising by operation of law under the Truth in Lending Act is valid.
• Orange Plumbing & Heating Co. v. Wolfe
  89 So. 2d 671· Fla.· 1956-09-28 ·cited 24×
  Orange Plumbing & Heating Company appealed a summary foreclosure decree that eliminated its materialman's lien in favor of a prior mortgage. The Florida Supreme Court reversed, holding that Orange Plumbing had stated a valid claim of lien as a party contracting directly with the
• Winchester v. State of Fla. for the Use & Benefit of Fla. Elec. Supply, Inc.
  134 So. 2d 826· Fla. 2d DCA· 1961-11-22 ·cited 23×
  A materialman sued a prime contractor and its surety in Hillsborough County under Florida's mechanics' lien statute for nonpayment of materials supplied by a subcontractor. The court held that venue was proper in the county where the supply contract specified payment should be ma
• First Nat'l Bank of Tampa v. S. Lumber & Supply Co.
  106 Fla. 821· Fla.· 1932-09-28 ·cited 23×
  First National Bank of Tampa appeals a decree enforcing a materialman's lien against property mortgaged to the bank. The Florida Supreme Court reverses, holding that the materialman failed to establish the required privity with the property owner necessary to acquire a statutory
• In re Metmor Fin. v. Metmor Fin., Inc.
  819 F.2d 446· 4th Cir.· 1987-05-20 ·cited 21×
  An innocent lienor is entitled to post-seizure interest on its mortgage from the date of seizure until the property is sold, as the government's interest is no greater than that of the wrongdoer.
• Farwest Steel Corp. v. Barge Sea-Span 241
  769 F.2d 620· 9th Cir.· 1985-08-23 ·cited 21×
  The court held that the district court retained in rem jurisdiction due to the nonparty owner's consent, and that the case must be remanded to determine if the supplier relied on the barge itself, which is a factual question for lien entitlement under the Maritime Lien Act.
• In re Advisory Opinion to the Governor
  74 Fla. 250· Fla.· 1917-11-01 ·cited 21×
  In this materialman's lien case, the Florida Supreme Court upheld the validity of a lien notice given by a supplier of building materials for work performed on multiple properties owned by the same person, holding that a general notice satisfies statutory requirements and that pr
• United States v. Griffin-Moore Lumber Co., Inc
  62 So. 2d 589· Fla.· 1953-01-13 ·cited 20×
  Griffin-Moore Lumber Company held a mechanic's lien on property for materials furnished to construct a building. The United States filed tax liens against the property owner after the mechanic's lien was recorded but before the foreclosure suit was brought. The Florida Supreme Co
• Ezra P. Axtell v. Smedley & Rodgers Hardware Co.
  59 Fla. 430· Fla.· 1910-01-01 ·cited 20×
  A hardware company sought to enforce a materialman's lien against a purchaser of property where building materials were supplied. The Florida Supreme Court reversed the lower court's decree, holding that a materialman's lien, though properly recorded within three months, is ineff
• The T. H. Rogers Lumber Co. v. Apel
  468 F.2d 14· 10th Cir.· 1972-10-16 ·cited 18×
  The court held that the federal "first in time, first in right" rule, requiring choateness, governs the priority of liens when the United States is involved, and state law cannot subordinate a federal lien by allowing subsequently filed mechanics' liens to relate back.
• S. Paint Mfg. Co., Inc. v. Crump
  132 Fla. 799· Fla.· 1938-06-15 ·cited 18×
  Southern Paint Manufacturing Co. sought to enforce a materialman's lien against a property owner who had paid the contractor in full without receiving a sworn statement of payment from the contractor. The Florida Supreme Court affirmed dismissal of the complaint, holding that mat
• Beautyware Plumbing Supply Co., Inc. v. Columbiad Apts., Inc.
  215 So. 2d 42· Fla. 4th DCA· 1968-10-03 ·cited 16×
  The court held that a materialman must prove either incorporation of materials into the improvement or special fabrication for it, and delivery to the site is only prima facie evidence of incorporation.
• Wood v. Wilson
  84 So. 2d 32· Fla.· 1955-12-14 ·cited 16×
  Wood appeals a dismissal of his complaint seeking declaration of a mechanic's lien for labor and materials furnished to improve Wilson's homestead property. The Florida Supreme Court affirmed the dismissal, holding that an action to enforce a materialman's lien must comply with s
• Roughan v. Rogers
  145 Fla. 421· Fla.· 1940-12-21 ·cited 16×
  This case concerns a materialman's lien on a married woman's separate property. The court affirmed the lower court's decision, finding that the married woman was estopped from denying agency and that the materialman had substantially complied with the Uniform Mechanics' Lien Act
• Hogue v. D. N. Morrison Const. Co.
  115 Fla. 293· Fla.· 1933-06-23 ·cited 15×
  A Virginia corporation foreclosed a mechanic's lien on Florida property for construction work performed while the corporation was not qualified to do business in Florida. The court held that foreign corporations cannot acquire statutory mechanic's liens while illegally doing busi
• Taylor v. Ferroman Props., Inc.
  103 Fla. 960· Fla.· 1931-12-22 ·cited 15×
  Taylor sought to enforce a materialman's and laborer's lien against real property owned by Cheney Development Corporation for dredging and filling work performed under a contract with Ferroman Properties, Inc., the lessee. The Florida Supreme Court reversed the trial court's deni
• Fagg Mill Work & Lumber Co. v. Blanche C. Van Every Greer and Paul Greer
  102 Fla. 955· Fla.· 1931-09-19 ·cited 15×
  This case involves a materialman's attempt to foreclose a lien for construction materials. The court affirmed the lower court's decision, finding that the materialman failed to establish the property owner as a principal debtor and that any errors in excluding evidence were harml
• Ferris-Lee Lumber Co. v. Fulghum
  98 Fla. 171· Fla.· 1929-07-16 ·cited 14×
  The Florida Supreme Court held that a materialman's lien cannot attach to property held by a husband and wife as tenants by the entireties when the materialman lacks privity of contract with the wife, even when proper cautionary notice is given. The decision clarifies that the co
• Ward v. Miami Lock & Hardware Co.
  119 So. 2d 395· Fla. 3d DCA· 1960-03-23 ·cited 13×
  Ward, the owner of real property, appealed a final decree in consolidated mechanics' and materialmen's lien foreclosure cases. The court affirmed the decree, holding that the failure of subcontractors and materialmen to file cautionary notices does not bar their lien claims, and
• Hadley Stephens and Alicia Stephens v. Arrow Lumber Co., Inc.
  354 F.2d 732· 9th Cir.· 1966-01-06 ·cited 12×
  The court held that a conditional sales contract for real estate development, despite its title, could be considered an equitable mortgage, and the seller's interest was subordinate to materialman's liens.
• Quality Lime Prods., Inc. v. Acme Paving Co., Inc.
  134 So. 2d 42· Fla. 2d DCA· 1961-11-01 ·cited 12×
  Quality Lime Products, a materialman supplier to a subcontractor, appeals the denial of its mechanic's lien claim. The court affirms the denial, holding that under Florida's Mechanics' Lien Law, a materialman furnishing materials to a subcontractor has no right to claim a mechani
• Int'l Refugee Org. v. Md. Drydock Co.
  179 F.2d 284· 4th Cir.· 1950-01-04 ·cited 12×
  A maritime lien for repairs furnished to a vessel takes precedence over an equitable claim arising from fraud, even if the funds advanced were used to purchase the vessel, as the lien claimant acted in good faith without notice of the fraud.
• Bear v. Standard Accident Ins. Co.
  124 Fla. 9· Fla.· 1936-02-19 ·cited 12×
  Bear and Sullivan appealed a chancery decree denying their request for equitable relief against Standard Accident Insurance Company, a surety bond issuer. The Florida Supreme Court reversed and remanded, holding that Sullivan and Bear are entitled to have a court of equity adjudi
• Standard Accident Ins. Co. v. Duval Lumber Co.
  99 Fla. 525· Fla.· 1930-03-12 ·cited 12×
  Standard Accident Insurance Company, as surety on a builder's bond, appealed the sustained demurrers to three affirmative pleas in a suit by a materialman for unpaid building supplies. The Florida Supreme Court affirmed, holding that the pleas were fatally defective and did not e
• Allardice & Allardice, Inc. v. Weatherlow
  98 Fla. 475· Fla.· 1929-09-25 ·cited 12×
  A contractor sought to enforce a mechanic's lien against property held as a tenancy by the entireties, claiming it had a contract with both spouses for construction work. The Florida Supreme Court held that to create a lien on such property, both spouses must participate in incur
• Langford v. S. Fla. Lumber & Supply Co.
  63 Fla. 484· Fla.· 1912-01-01 ·cited 12×
  A materialman who furnished supplies to a contractor sought to enforce a statutory lien against the property owner, who was not in privity with the supplier. The Florida Supreme Court held that the notice given to the property owner was insufficient under the lien statute because
• United Parcel Serv., Inc. v. Weben Indus., Inc.
  794 F.2d 1005· 5th Cir.· 1986-07-18 ·cited 10×
  The court held that under Georgia law, the construction trust fund doctrine remains viable and that the general contractor's secured creditor cannot claim funds owed to subcontractors.
• Forrest Adams v. McDONALD
  356 So. 2d 864· Fla. 1st DCA· 1978-03-20 ·cited 10×
  A materialman's lien is enforceable against a property owner who pays a contractor in full before the owner has filed a notice of commencement or obtained a contractor's affidavit, even if the owner had no knowledge of the unpaid materials.
• Mayo v. Pioneer Bank & Tr. Co.
  274 F.2d 320· 5th Cir.· 1960-01-20 ·cited 10×
  The court denied rehearing petitions, reaffirming that the corporate fiction can be disregarded when it serves as a mere alter ego and that the bank acted in good faith and with fair consideration in handling transfers, protected by the Uniform Fiduciaries Act.
• Paulk v. Buczynski
  106 So. 2d 100· Fla. 2d DCA· 1958-10-31 ·cited 10×
  In this malicious prosecution appeal, Paulk sued Buczynski after Buczynski caused a perjury charge to be filed against Paulk, which was subsequently dismissed. The trial court directed a verdict for Buczynski based on his defense that he acted on counsel's advice, but the appella
• Perfecto Velazquez v. Luciano Suarez
  113 Fla. 856· Fla.· 1934-02-05 ·cited 10×
  This case concerns the strict requirements for a materialman's lien notice on an estate by the entireties in Florida. The court held that the notice was insufficient because it failed to describe the nature and character of the labor and materials furnished, as required by statut
• Reed v. S. Lumber & Supply Co.
  73 Fla. 886· Fla.· 1917-04-17 ·cited 10×
  The Florida Supreme Court upheld a statutory lien obtained by a lumber supplier against property owners where the supplier had no privity with the owners but delivered a cautionary notice to the architect as required by statute. The court rejected the owners' argument that the no
• King v. Ramsey
  66 Fla. 257· Fla.· 1913-11-04 ·cited 10×
  Material supplier Ramsey sought to enforce a mechanic's lien against property owners and contractor sureties for unpaid materials supplied to a construction project. The Florida Supreme Court held that a material supplier has a lien for the full unpaid contract price regardless o