Materialman'S Lien

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

• Paxton v. Foley Lumber Co.
  141 Fla. 662· Fla.· 1940-01-30 ·cited 9×
  The Florida Supreme Court affirmed a lower court's decision to overrule a motion to dismiss a materialman's lien claim against an estate by the entireties. The court found the amended bill of complaint had equity and properly denied the motion to dismiss.
• E. E. Dean Snavely, Inc. v. Weatherking, Inc.
  343 So. 2d 58· Fla. 4th DCA· 1977-02-25 ·cited 8×
  The appellate court reversed a summary judgment granted to a materialman who failed to provide timely notice to the owner, as required by statute, before seeking recovery from the surety on a performance bond. The court held that the materialman had not met their burden of proof
• LEO Spear Constr. Co., Inc. v. The Fid. & Cas. Co. OF NEW York & BrookfieldBaylor
  446 F.2d 439· 2d Cir.· 1971-07-01 ·cited 8×
  The dissenting judge believes the appellate court should not have reversed the district court's judgment for tortious interference with business relations, as the findings were supported by substantial evidence.
• Cont'l Cas. Co. v. Dep't of Highways
  379 F.2d 673· 5th Cir.· 1967-07-05 ·cited 8×
  The court held that the district court erred in dismissing the case for lack of jurisdiction based on the amount in controversy, as the good faith allegation of the jurisdictional amount should not be dismissed unless recovery is legally certain to be less than the required amoun
• Ricotta v. Burns Coal & Bldg. Supply Co.
  264 F.2d 749· 2d Cir.· 1959-03-16 ·cited 8×
  Payments received by a creditor from a bankrupt are not preferential if, at the time of payment, the creditor could have secured the debt by filing a valid lien that would not have improved their position relative to other creditors.
• Rieck & Fleece, Inc. v. Cunniff
  138 Fla. 742· Fla.· 1939-06-23 ·cited 8×
  Rieck & Fleece, Inc. sought to enforce a materialman's lien against property owners for building materials supplied in 1935. The Florida Supreme Court affirmed dismissal of the complaint because the suit was filed more than twelve months after furnishing the materials without a s
• Salomon v. Galinsky
  103 Fla. 417· Fla.· 1931-11-04 ·cited 8×
  The Florida Supreme Court reversed a lower court order that overruled a demurrer to an amended complaint seeking to subject a married woman's separate property to a lien for improvements. The court held that the notice of lien failed to comply with statutory requirements by not i
• Sim's Crane Serv., Inc. v. Reliance Ins. Co.
  667 F.2d 30· 11th Cir.· 1982-02-01 ·cited 7×
  Repair costs for a leased crane damaged by a subcontractor's negligence are not covered by a performance and payment bond that includes 'repairs on machinery'.
• Barlow v. Stevens
  112 Fla. 57· Fla.· 1933-09-22 ·cited 7×
  This case concerns a dispute over mortgage priority when an initial mortgage had a description error, and a subsequent mortgage was assigned to a bona fide purchaser. The court had to determine if the assignee of the second mortgage, who had no notice of the error, was protected
• Coatings Mfrs., Inc. v. DPI, Inc.
  926 F.2d 474· 5th Cir.· 1991-03-18 ·cited 6×
  The court held that Mississippi law, as interpreted by analogy to similar statutes, does not permit suppliers of rental equipment to utilize the stop payment notice statute.
• ST. Mary Iron Works, Inc. v. McMORAN Exploration Co.
  802 F.2d 809· 5th Cir.· 1986-10-17 ·cited 6×
  The court held that the Louisiana Private Works Act applies to liens for work on offshore structures, and that a continuous project involving work on land and sea should be treated as a single 'work' for filing purposes.
• C. Wallace Indus., Inc. v. State of Fla. for the use & benefit of Suncoast Equip. Rental Serv., Inc.
  269 So. 2d 392· Fla. 2d DCA· 1972-11-01 ·cited 6×
  The court affirmed the trial court's judgment in a materialman's lien action against a contractor and surety under a public works construction contract, finding no reversible error.
• S. Supply Distribs., Inc. v. Lansdell
  76 So. 2d 266· Fla.· 1954-12-03 ·cited 6×
  Southern Supply Distributors sought to foreclose a materialman's lien against homeowners for glass jalousie windows and doors installed by their contractor, Hubbard. The Florida Supreme Court affirmed the dismissal, holding that homeowners who receive no notice of a materialman's
• Cox v. Rieck & Fleece, Inc.
  129 Fla. 872· Fla.· 1937-11-06 ·cited 6×
  Irving E. Cox v. Rieck and Fleece, Inc. addresses whether a notice of materialmen's lien complies with Florida statutory requirements for enforcing a lien against the separate statutory property of a married woman. The court reversed the lower court's denial of the motion to dism
• McKenzie M. Dunlap and M. T. Dunlap v. Teagle
  101 Fla. 721· Fla.· 1931-05-28 ·cited 6×
  A materialman's lien foreclosure case involving competing mortgage interests. The court held that a contractor's lien for labor and materials furnished during construction takes priority over a mortgage executed during the construction period, and that a prior mortgagee who volun
• DeSoto Nat'l Bank v. Arcadia Elec. Light
  57 Fla. 391· Fla.· 1909-01-01 ·cited 6×
  DeSoto National Bank appealed an order overruling its plea in a lien enforcement action brought by Arcadia Electric Light, Ice & Telephone Company. The court held that a lien for materials and labor could attach to one partner's undivided interest in property even though the othe
• The Trs. of the Wylly Acad. v. Sanford
  17 Fla. 162· Fla.· 1879-01-01 ·cited 6×
  The Trustees of Wylly Academy sought equitable relief to prevent lienors from collecting more than the contract price for a school building when mechanic's liens exceeded the amount owed the contractor. The Florida Supreme Court held that owners cannot be liable for more than amo
• ST. Mary Iron Works, Inc. v. McMORAN Exploration Co.
  809 F.2d 1130· 5th Cir.· 1987-02-03 ·cited 4×
  The court held that the Louisiana Oil Well Liens Act, not the Private Works Act, governs liens for work on an offshore structure located in federal waters adjacent to Louisiana, due to a recent Louisiana Supreme Court decision. The court reversed the lower courts' decisions.
• Int'l Paper Co. v. Whitson
  571 F.2d 1133· 10th Cir.· 1977-10-07 ·cited 4×
  International Paper Company (IPC) is a third-party beneficiary of construction loan agreements and is entitled to recover from HUD, which holds the completion assurance fund, but not from the original lenders who assigned their interests to HUD.
• Gen. Cap. Corp. & William H. Davis in Bankr. for Fla. Insulation & Acoustical Co., Inc. v. Adobe Brick & Supply Co.
  138 So. 2d 82· Fla. 2d DCA· 1962-02-23 ·cited 4×
  Adobe Brick and Supply Company sought to enforce a mechanics' lien against property owned by Boca Raton Investors, Inc., for materials supplied to a subcontractor. The Florida District Court of Appeal reversed the trial court's summary judgment, holding that under Florida law, a
• Beam v. Jerome Lumber & Supply Co., Inc.
  74 So. 2d 537· Fla.· 1954-09-03 ·cited 4×
  The Florida Supreme Court reversed a lien foreclosure judgment, holding that a materialman who failed to provide timely notice of lien claim could only recover the amount remaining due on the construction contract at the time notice was served, not the full amount of materials su
• United States v. Albert Holman Lumber Co.
  208 F.2d 113· 5th Cir.· 1953-11-10 ·cited 4×
  The court denied the petition for rehearing, affirming its prior decision that materialmen's liens have priority over federal tax liens under the 'first in time, prior in right' doctrine.
• Neils A. Anderson and Caroline M. Anderson v. Dade Lumber Co.
  101 Fla. 38· Fla.· 1931-04-01 ·cited 4×
  Dade Lumber Company sought to foreclose a materialman's lien against property owned by the Andersons for materials furnished to H.L. Reynolds Company. The Florida Supreme Court reversed the lower court's denial of the Andersons' plea, holding that the amended complaint filed thre
• Bond Lumber Co. v. Masland
  45 Fla. 188· Fla.· 1903-01-01 ·cited 4×
  Bond Lumber Company sought to enforce a materialman's lien against property mortgaged by Masland, who had loaned money to enable completion of a hotel building. The Florida Supreme Court held that Masland's knowledge that materials were being furnished for the building constitute
• Renuart Lumber Yards, Inc. v. Sol Carlton Finn
  145 Fla. 256· Fla.· 1940-12-06 ·cited 3×
  This case involves a dispute over a materialman's lien where the lower court awarded the defendants $448.00. The appellate court found the lower court erred by considering an ex parte affidavit and reduced the award to $198.00.
• Alsheimer v. Palmer
  105 Fla. 224· Fla.· 1932-04-19 ·cited 3×
  This case concerns the timeliness of a materialman's lien foreclosure suit. The court held that a materialman in privity with the owner can file suit within twelve months after recording the lien, provided the lien is recorded within the statutory period.
• W. Coast Builders Supply Co. v. Spears
  96 Fla. 178· Fla.· 1928-07-11 ·cited 3×
  West Coast Builders Supply appeals the dismissal of its complaint seeking to foreclose a material man's lien on two lots. The court holds that when two property owners jointly contract for materials to be used indiscriminately in construction on both lots, the material man acquir
• Perkins v. United States
  105 La. 752· S.D. Fla.· 2018-09-06 ·cited 2×
• Fla. E. Coast Props., Inc. v. Coastal Constr. Prods., Inc.
  553 So. 2d 705· Fla. 3d DCA· 1989-10-17 ·cited 2×
  A materialman may recover on a lien for materials directly delivered to a construction site based on statutory presumption of incorporation, but must prove actual delivery to the site for materials picked up by the contractor; evidence of an organization's routine practice satisf
• In re Mission Marine Assocs., Inc.
  633 F.2d 678· 3d Cir.· 1980-10-30 ·cited 2×
  The court held that a New Jersey statutory lien for materials furnished for vessel construction is invalid against a debtor in bankruptcy if it would be invalid against a bona fide purchaser under New Jersey law.
• United States Fid. & Guar. Co. v. T. W. "Tony" Sidwell
  525 F.2d 472· 10th Cir.· 1975-07-24 ·cited 2×
  The court held that the surety (USF&G) was subrogated to the rights of materialmen and had a prior claim to contract proceeds, and that a corporate officer was personally liable for diverting trust funds.
• Logan Constr. Co. v. Warren Bros. Constr. Co.
  268 So. 2d 369· Fla.· 1972-10-25 ·cited 2×
  The court held that a materialman is not entitled to a personal money judgment against a general contractor under the mechanics' lien law absent a contract, privity, or other statutory basis.
• Wachovia Bank & Tr. Co. v. Harris
  455 F.2d 841· 4th Cir.· 1972-02-17 ·cited 2×
  The dissenting judge believes the confirmed plan is not fair and equitable as required by the Bankruptcy Act, as it compromises senior creditor rights for junior creditors.
• Coplan Pipe & Supply Co., Inc. v. Alton Towers, Inc.
  249 So. 2d 525· Fla. 3d DCA· 1971-06-22 ·cited 2×
  Coplan Pipe & Supply Co., a materialman supplier to a plumbing subcontractor, sought to enforce a mechanics lien against bond proceeds after the subcontractor defaulted. The court reversed the trial court's denial of the lien claim, holding that a materialman with proper notice i
• Rathburn v. Landess
  100 Fla. 507· Fla.· 1930-08-02 ·cited 2×
  Rufus Rathburn sought to foreclose a $2,300 mortgage on Lot 8 in Largo Heights subdivision. Clearwater Builders Supply Company claimed a mechanic's lien for $2,000 in building materials furnished under a single contract covering two adjacent lots (Lots 7 and 8). The Florida Supre
• Fort Meade Hotel Co. v. Knoxville Iron Co.
  99 Fla. 947· Fla.· 1930-04-29 ·cited 2×
  Fort Meade Hotel Company appealed a judgment establishing and foreclosing a materialman's lien for steel materials supplied to a hotel construction project. The Florida Supreme Court reversed, holding that the supplier failed to strictly comply with statutory requirements for per
• Long v. Sphaler
  92 Fla. 121· Fla.· 1926-06-30 ·cited 2×
  This case involves a dispute over a materialman's lien filed by suppliers against a property owner. The Florida Supreme Court affirmed the lower court's decision that the suppliers were entitled to a lien on the owner's property for materials furnished to the contractor.
• McDonald v. Erwin
  53 Fla. 1079· Fla.· 1907-01-01 ·cited 2×
  Materials suppliers sued to enforce a mechanic's lien against real property where a contractor had abandoned construction. The Florida Supreme Court reversed dismissal of the complaint, holding that allegations of indebtedness between owner and contractor at the time of lien noti
• In re Dallam v. Dallam
  850 F.2d 446· 8th Cir.· 1988-06-29 ·cited 1×
  A debtor's false statement in an affidavit that all construction expenses were paid in full, made to induce reliance by a title insurer, constitutes actionable fraud for nondischargeability of the resulting debt, even if the specific liens were not perfected.
• In re Rexplore Drilling, Inc. v. Petro Supply Co., Inc.
  971 F.2d 1219· 6th Cir.· 1992-08-05
  The dissenting judge believes the court should have addressed the preemption issue or remanded it for consideration, and that the garnishment was not a preferential transfer under state law.
• Westside Galvanizing Servs., Inc. v. Georgia-Pacific Corp. & Se. Conveyor Fabricators, Inc.
  921 F.2d 735· 8th Cir.· 1990-12-10
  The court affirmed the district court's decision, holding that Westside failed to perfect a materialman's lien due to lack of proper notice and that its detrimental reliance claim was appropriately limited to the extent of its reliance.
• L.L.T. Bldg. Supplies, Inc. v. Martinique Homes, Inc.
  559 So. 2d 417· Fla. 2d DCA· 1990-04-11
  The court held that equitable relief to transfer a judgment lien was improper because the party seeking the transfer had an adequate remedy at law for damages against the bank.
• In re Jamail v. Lomas & Nettleton Fin. Corp.
  609 F.2d 1387· 5th Cir.· 1980-01-21
  A materialman must be able to identify and segregate the specific materials it supplied to enforce a statutory lien on removable improvements against a prior recorded deed of trust.
• Scott Paper Co. v. Adair Truck & Equip. Co., Inc.
  542 F.2d 1257· 5th Cir.· 1976-12-01
  The court granted a writ of prohibition to prevent a trial, finding that the accused was denied his speedy trial rights due to the State's delay in filing formal charges and the resulting dilemma of choosing between a speedy trial and adequate discovery.
• Adobe Brick & Supply Co. v. Centex-Winston Corp. & Richard L. Aycock Plastering, Inc.
  270 So. 2d 755· Fla. 3d DCA· 1972-12-15
  Adobe Brick and Supply Company sought to foreclose a mechanics' lien against a property owner for unpaid materials supplied to a subcontractor. The trial court dismissed the case based on an alleged error in the property description in the lien claim. The appellate court reversed
• Bryan v. Owsley Lumber Co.
  201 So. 2d 246· Fla. 1st DCA· 1967-07-18
  The court reviewed a pre-trial order concerning a materialman's lien, where the owners contended that the cost to complete a defaulted construction contract should be deducted from the remaining contract balance before satisfying the lien.
• Cent. Elec. Supply, Inc. v. Amason
  172 So. 2d 508· Fla. 2d DCA· 1965-02-24
  Central Electric Supply, an unpaid materialman, appealed a summary judgment denying its mechanics' lien claim against a general contractor for materials supplied to a subcontractor in June-September 1961. The court affirmed, holding that because visible commencement of operations
• First Nat'l Bank OF EAU Gallie v. Burnup & Sims OF Melbourne, Inc.
  137 So. 2d 13· Fla. 2d DCA· 1962-01-24
  In this materialman's lien foreclosure dispute, the Florida appellate court reversed a summary decree that had granted the lienholder priority over a bank's mortgage. The court determined that genuine issues of material fact existed regarding whether materials were furnished as p
• Humphrey v. Harrison Bros., Inc.
  196 F.2d 630· 4th Cir.· 1952-05-02
  A materialman's lien is valid against multiple houses in a single project even if specific materials cannot be traced to each house, provided the project was treated as an entirety by the parties.
• Pinellas Lumber Co. v. Clements
  142 Fla. 553· Fla.· 1940-04-02
  The Florida Supreme Court affirmed a lower court's dismissal of a materialman's lien claim because the complaint failed to allege that the materials were used to construct improvements on the specific lots for which the lien was sought.