Mechanic'S Lien

645 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
• Chapman v. St. Stephens Protestant Episcopal
  105 Fla. 683· Fla.· 1931-07-21 ·cited 104×
  G.A. Chapman sought to foreclose a mechanic's lien for labor and materials provided in repairing and enlarging a church property held in title by the Trustees of the Diocese of South Florida but used by St. Stephens Protestant Episcopal Church, Inc. The Florida Supreme Court reve
• W.W. GAY Mech. Contractor, Inc. v. Wharfside TWO, Ltd.
  545 So. 2d 1348· Fla.· 1989-06-15 ·cited 99×
  The court held that the jury's verdict was not fatally inconsistent and that the award of damages was supportable by the evidence presented.
• OBS Co., Inc. v. Pace Constr. Corp.
  558 So. 2d 404· Fla.· 1990-02-15 ·cited 94×
  The Florida Supreme Court held that a subcontractor may recover payment from a surety under a labor and material payment bond even when the general contractor conditions final payment to the subcontractor on the owner's payment to the contractor. The court found the payment condi
• Bowery v. Searles Babbit
  99 Fla. 1151· Fla.· 1930-05-20 ·cited 91×
  Bowery sought to enforce a mechanic's lien for labor and materials supplied in constructing buildings on real property, intervening in a mortgage foreclosure action. The supreme court affirmed dismissal of his lien claim, holding that under Florida law, when a statute creates bot
• Trytek v. Gale Indus., Inc.
  3 So. 3d 1194· Fla.· 2009-02-26 ·cited 76×
  The Florida Supreme Court held that trial courts must apply the 'significant issues' test from Prosperi v. Code, Inc. when determining the prevailing party for attorneys' fees awards in construction lien actions under section 713.29, even when the lienor obtains a judgment on the
• B. Irwin Emery et ux. v. Int'l Glass & MFG., Inc.
  249 So. 2d 496· Fla. 2d DCA· 1971-06-16 ·cited 76×
  In this mechanics' lien case, the trial court found the contractor failed to establish a lien but entered judgment for money damages on the contract theory instead. The appellate court affirmed, holding that under Florida's new merger rule abolishing the distinction between law a
• Fid. & Cas. Co. of N.Y. v. D. N. Morrison Const. Co. of Va.
  116 Fla. 66· Fla.· 1934-08-01 ·cited 64×
  Fidelity & Casualty Company appealed a judgment on a directed verdict requiring it to pay on a surety bond executed by its agent Tarilton to release a mechanic's lien. The court held that the surety company is bound by the bond under apparent authority because it held the agent o
• 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
• AETNA Cas. & Sur. Co. v. Buck
  594 So. 2d 280· Fla.· 1992-02-06 ·cited 60×
  The Florida Supreme Court held that privity between an owner and subcontractor can be established either through the traditional Harper Lumber test (owner's knowledge and assumption of payment obligation) or where the owner and contractor share a common identity, thus excusing th
• Weed v. Horning
  159 Fla. 847· Fla.· 1947-12-16 ·cited 58×
  Robert L. Weed, Architect, Inc. sought to foreclose a mechanic's lien on leasehold property for architectural and supervisory services rendered in constructing improvements on a race track, despite a lease provision prohibiting such liens and the lessee's bankruptcy. The Florida
• Barth v. Fla. State Constructors Serv., Inc.
  327 So. 2d 13· Fla.· 1976-01-21 ·cited 56×
  Filing a compulsory counterclaim for legal relief in an equitable action does not waive the right to a jury trial on that counterclaim if a jury trial is timely demanded.
• Bill Williams AIR Conditioning & Heating, Inc. v. Haymarket Coop. Bank
  592 So. 2d 302· Fla. 1st DCA· 1991-12-23 ·cited 55×
  The appellate court held that the trial court abused its discretion by denying leave to file a third amended answer and counterclaim, as the amendment would not prejudice the opposing party, had not been unduly delayed, and was not futile.
• Symons Corp. v. Tartan-Lavers Delray Beach, Inc.
  456 So. 2d 1254· Fla. 4th DCA· 1984-09-26 ·cited 55×
  Symons Corporation, a subcontractor, perfected a mechanic's lien against Tartan-Lavers Delray Beach, Inc.'s racquet club project by serving a Notice to Owner via certified mail. The Fourth District Court of Appeal affirmed that proper service occurred despite technical defects, a
• Temples v. Fla. Indus. Constr. Co., Inc.
  310 So. 2d 326· Fla. 2d DCA· 1975-04-02 ·cited 55×
  The trial court erred by considering matters outside the complaint on a motion to dismiss, which constitutes reversible error.
• Associated Radio Serv. Co. v. Page Airways, Inc.
  624 F.2d 1342· 5th Cir.· 1980-08-29 ·cited 53×
  The court held that the jury's findings of antitrust violations under Section 1 and Section 2 of the Sherman Act were supported by sufficient evidence, including proof of injury to competition, and that the trial court's jury instructions were adequate.
• 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.
• Croom v. Ocala Plumbing & Elec. Co.
  62 Fla. 460· Fla.· 1911-06-01 ·cited 51×
  Sarah B. Croom appealed a foreclosure decree on a mechanics' lien against her interest in property. The Florida Supreme Court affirmed, holding that even if spendthrift trusts were valid in Florida, the deed at issue did not effectively shield the property from creditors' claims
• Redding & Co., Inc. v. Russwine Constr. Corp.
  417 F.2d 721· D.C. Cir.· 1969-03-21 ·cited 47×
  The court held that an order refusing a stay of execution is sufficiently final to confer appellate jurisdiction, and that a supersedeas bond is not warranted given the low probability that the underlying order is a final, enforceable judgment.
• The Fid. & Cas. Co. of N.Y. v. D. N. Morrison Constr. Co., Inc.
  99 Fla. 309· Fla.· 1930-02-13 ·cited 46×
  The Florida Supreme Court held that a surety on a release bond in a mechanic's lien action may not be joined as a defendant in an equity suit to enforce the lien directly. Instead, the lienor must first obtain a personal decree in equity against the owner, and then pursue a separ
• Green v. Putnam
  93 So. 2d 378· Fla.· 1957-03-06 ·cited 45×
  Green, a construction supervisor, sued Putnam seeking either a mechanic's lien or equitable lien for services rendered and money advanced in constructing a residence on Putnam's land under an alleged profit-sharing oral agreement. The trial court dismissed the complaint, finding
• THE Florida BAR v. J.B. Hooper
  509 So. 2d 289· Fla.· 1987-07-02 ·cited 44×
  The Court accepted the referee's findings of fact and recommendations, suspending the attorney for one year and taxing costs against him.
• Bor-Son Bldg. Corp. v. Heller
  572 F.2d 174· 8th Cir.· 1978-03-08 ·cited 44×
  The court held that the Secretary of HUD may be sued under 12 U.S.C. § 1702 when claims arise from acts performed in carrying out the National Housing Act.
• Al Brenner v. Smullian
  84 So. 2d 44· Fla.· 1955-12-14 ·cited 44×
  Property owners leased real property with a covenant prohibiting alterations without consent. A sub-lessee performed substantial improvements that were initially stopped but later authorized through a lease modification. The sub-lessee's contractors acquired mechanics' liens that
• 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
• Diversified Mortg. Invs. v. U. S. Life Title Ins. Co. OF NEW York
  544 F.2d 571· 2d Cir.· 1976-06-30 ·cited 40×
  A preliminary injunction should not rewrite a contract or grant final relief, and requires a showing of irreparable harm causally related to the enjoined conduct.
• Sunbeam Enters., Inc. v. Mr. and Mrs. Walter Upthegrove
  316 So. 2d 34· Fla.· 1975-07-16 ·cited 40×
  The court granted certiorari for the attorneys' fees order due to conflict but denied it for the order affirming the trial court judgment due to lack of jurisdiction.
• Allstate Mortg. Corp. OF Fla. v. Strasser
  286 So. 2d 201· Fla.· 1973-11-28 ·cited 40×
  The court held that under Fla.Stat. § 45.031(1) as amended, a property owner's right of redemption extends until the sale is confirmed by the court, not just until the public sale occurs.
• Condor Merritt et ux. v. Unkefer
  223 So. 2d 723· Fla.· 1969-02-19 ·cited 40×
  The Florida Supreme Court reversed the District Court of Appeal's decision allowing an architect to pursue an equitable lien on property for unpaid services. The Court held that absent fraud, misrepresentation, or similar equitable circumstances beyond those alleged, courts canno
• Benes v. United States
  276 F.2d 99· 6th Cir.· 1960-03-21 ·cited 40×
  The court held that the trial court's misstatements of fact and distortion of the defendant's defense in its jury instructions constituted prejudicial error requiring reversal and remand for a new trial.
• Atlas Pile Driving Co. & Olson Concrete Co. v. DiCON Fin. Co.
  886 F.2d 986· 8th Cir.· 1989-09-14 ·cited 38×
  The court held that the evidence was sufficient to establish a pattern of racketeering activity under RICO, and that the alleged enterprise was distinct from the persons involved.
• Am. Cas. Co. v. Coastal Caisson Drill Co.
  542 So. 2d 957· Fla.· 1989-03-16 ·cited 37×
  The Florida Supreme Court held that a subcontractor on a public works project cannot lawfully waive its rights to a contractor's payment and performance bond required by statute, even if the subcontract contains explicit waiver language. The court found such waivers violate publi
• Fla. Steel Corp. v. Adaptable Developments, Inc.
  503 So. 2d 1232· Fla.· 1986-12-24 ·cited 37×
  Florida Steel Corporation sought to recover unpaid materials supplied to a construction project abandoned by the primary contractor. The Florida Supreme Court held that the Alton Towers rule limiting owner liability does not apply when a project is abandoned for an extended perio
• Palm Beach Bank & Tr. Co. v. Lainhart
  84 Fla. 662· Fla.· 1922-12-12 ·cited 37×
  This case concerns the priority of liens between a mortgage holder and materialmen/laborers in a construction project. The court clarified that mechanic's liens attach individually and are prioritized based on when the materials were supplied or labor performed, not from the proj
• 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
• Coffee POT Plaza P'ship v. Arrow AIR Conditioning & Refrigeration, Inc.
  412 So. 2d 883· Fla. 2d DCA· 1982-03-17 ·cited 33×
  Arrow Air Conditioning sued Coffee Pot Plaza Partnership for unjust enrichment after performing refrigeration equipment repairs for Gulf Shores Industries, which leased part of Coffee Pot's shopping center. The court reversed the trial court's unjust enrichment judgment against C
• Ramada Dev. Co. v. Rauch
  644 F.2d 1097· 5th Cir.· 1981-05-14 ·cited 33×
  The court held that the district court did not err in its jury instructions regarding negligence, prevention of performance, or substantial performance, nor in excluding the Goldsmith Report as inadmissible settlement evidence. However, the court reversed and remanded the portion
• Cont'l Dev. Corp. OF Fla. v. Duval Title & Abstract Co.
  356 So. 2d 925· Fla. 2d DCA· 1978-03-29 ·cited 33×
  The court held that while the trial court erred in requiring proof of actual malice for a slander of title claim, this error was harmless because the plaintiff failed to prove special damages. The court affirmed the award for the defendant on its counterclaim.
• 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
• The Masterbilt Corp. v. S. A. Ryan Motors, Inc.
  6 So. 2d 818· Fla.· 1942-03-06 ·cited 33×
  This case concerns whether a contractor who performed renovations based on a sub-lease agreement can claim a mechanic's lien against the property owner and original lessee. The court found that the contractor failed to establish a direct contract or sufficient statutory notice to
• Ocala Foundary and Machine Works v. Lester
  49 Fla. 347· Fla.· 1905-01-01 ·cited 33×
  Ocala Foundry appeals a chancery decree denying its claim for a mechanic's lien on machinery repaired for the Ocklawaha Lumber Company. The Florida Supreme Court reverses, holding that retention of possession beyond three months does not extinguish a mechanic's lien and does not
• Price v. Boden
  39 Fla. 218· Fla.· 1897-01-01 ·cited 33×
  J. H. Boden sought to enforce a mechanic's lien against church trustees and others for unpaid work on a church building. The lower court entered a decree pro confesso against the defaulting defendants and awarded attorney fees, but the Florida Supreme Court reversed the attorney
• Peninsular Supply Co. v. C.B. DAY Realty OF Fla., Inc.
  423 So. 2d 500· Fla. 3d DCA· 1982-12-14 ·cited 32×
  Peninsular Supply Company, a materialman not in privity with the property owner, sought to impose an equitable lien on undisbursed construction funds after failing to perfect a statutory mechanics' lien due to an untimely notice to the owner. The court reversed the trial court's
• Jenkins v. Graham
  237 So. 2d 330· Fla. 4th DCA· 1970-06-29 ·cited 32×
  The Fourth District Court of Appeal reversed a summary judgment for a mechanic's lien, holding that while the contractor had a right to lien the lessors' fee interest in the property, there remained a material factual question about whether the contractor had a duty to mitigate d
• Jones v. Preuit & Mauldin
  851 F.2d 1321· 11th Cir.· 1988-08-10 ·cited 31×
  The plurality opinion held that private defendants are entitled to qualified immunity in a section 1983 action. The dissenting judges disagreed, arguing that qualified immunity should not extend to private actors.
• Snead Constr. Corp. v. Langerman
  369 So. 2d 591· Fla. 1st DCA· 1978-07-12 ·cited 30×
  Snead Construction appealed a judgment awarding Avanti Construction $67,603.26 for incomplete subcontract work on two hotels, along with prejudgment interest and attorney's fees. The court affirmed the judgment and interest award but reversed the attorney's fees award, holding th
• Shaw et ux. v. Del-Mar Cabinet Co., Inc.
  63 So. 2d 264· Fla.· 1953-02-06 ·cited 30×
  The Florida Supreme Court held that an owner's final payment to a general contractor is not 'properly made' under Florida's Mechanics' Lien Law unless the owner first secures a sworn statement from the contractor listing all subcontractors and materialmen with their amounts due.
• Fred Howland, Inc. v. Gore
  152 Fla. 781· Fla.· 1942-12-18 ·cited 29×
  Fred Howland, Inc. contracted to complete construction on a Fort Lauderdale hotel building for $29,000 on the exterior work and $125,500 for completion. When Howland's lien foreclosure failed due to non-compliance with statutory requirements regarding sworn statements of subcontr