Mechanic'S Lien Priority

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

• Twin Constr., Inc. v. Boca Raton
  925 F.2d 378· 11th Cir.· 1991-03-01 ·cited 36×
  The D'Oench, Duhme doctrine and its statutory codification, 12 U.S.C. § 1823(e), preclude a party from asserting claims based on agreements not properly executed by the financial institution, even if written and in the bank's records, to protect federal receivers like FSLIC from
• 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
• The Van Eepoel Real Est. Co. v. The Sarasota Milk Co.
  100 Fla. 438· Fla.· 1930-08-01 ·cited 26×
  In a priority dispute between an unrecorded mortgage and a mechanic's lien on the same property, the Florida Supreme Court held that the mechanic's lien takes priority because the mortgagee failed to promptly record its mortgage, thereby estopping it from claiming priority over a
• The Century Tr. Co. of Baltimore v. The Allison Realty Co.
  105 Fla. 456· Fla.· 1932-05-11 ·cited 22×
  Century Trust Company appeals a decree awarding a mechanic's lien to Allison Realty Company for construction work, which the court held to be superior to Century Trust's three mortgages. The case turns on whether construction work continued after the effective date of Century Tru
• Fritz v. Miami Indus. Bank
  143 Fla. 342· Fla.· 1940-06-07 ·cited 17×
  The Florida Supreme Court affirmed that a mortgagee's lien on a vehicle takes priority over a repair garage's mechanic's lien when the mortgage was recorded before the repair work was performed. The court rejected the common law principle that mechanics' liens are universally sup
• H. B. Agsten & Sons, Inc. v. Huntington Tr. & Sav. Bank
  388 F.2d 156· 4th Cir.· 1967-12-04 ·cited 16×
  The court joined the majority opinion, acknowledging Supreme Court precedent that subordinates mechanic's liens to federal claims, despite state law priorities.
• Fisher Lumber Co. v. Verhine
  147 Fla. 670· Fla.· 1941-07-01 ·cited 11×
  A materialman's lien is subordinate to a recorded mortgage when the materialman fails to file a notice of lien within the statutory period, even if the mortgagee had actual knowledge of the debt.
• AIR Flow Heating & AIR Conditioning, Inc. v. Thompson S. Baker
  326 So. 2d 449· Fla. 4th DCA· 1976-01-16 ·cited 10×
  In this interlocutory appeal, the court addresses the priority between a mortgage lien and mechanic's liens when the mortgage was recorded without an attached legal description. The court held that the mortgage, as originally recorded on July 19, 1973, did not impart constructive
• The Franklin Sav. & Loan Co. v. Fisk
  98 Fla. 683· Fla.· 1929-10-17 ·cited 8×
  This case involves a dispute over the priority of liens between a construction lender and a mechanic's lien holder. The court determined that a mortgage securing a building loan, even if funds are disbursed in installments, takes priority from its recording date over subsequently
• Mediterranean Corp. v. Spirros Pappas
  107 Fla. 876· Fla.· 1933-02-23 ·cited 7×
  This case involves a dispute over priority between a mortgage assignee and the owner of the fee, who claimed under a mechanic's lien foreclosure. The court affirmed the lower court's ruling that the mechanic's lien accrued prior to the mortgage, denying foreclosure of the mortgag
• Bill Williams AIR Conditioning & Heating, Inc. v. Haymarket Coop. Bank
  566 So. 2d 52· Fla. 1st DCA· 1990-08-24 ·cited 4×
  Bill Williams Air Conditioning & Heating, Inc. appealed the trial court's entry of partial summary final judgment in favor of Haymarket Cooperative Bank in a mortgage foreclosure action involving mechanic's liens on commercial real estate. The appellate court reversed, holding th
• Allison ON THE Ocean, Inc. v. Paul's Carpet, Inc.
  479 So. 2d 188· Fla. 3d DCA· 1985-11-20 ·cited 4×
  Allison on the Ocean appeals the trial court's denial of its motion to stay a sheriff's sale, arguing it acquired title to the hotel property free and clear of Paul's Carpet's judgment lien. The court reversed, holding that Paul's Carpet's mechanic's lien took priority over its j
• Hartstone Concrete Prods. Co., Inc. v. Abe Verkauf
  147 So. 2d 194· Fla. 2d DCA· 1962-11-28 ·cited 4×
  A mechanic's lienor failed to file its lien claim within three months of the last materials furnished, though it filed within one year. A mortgage was recorded two days after the lien was filed. The court held that the mechanic's lienor must file within three months to preserve p
• Reading v. Blakeman
  66 So. 2d 682· Fla.· 1953-07-31 ·cited 4×
  Reading disputes a bank's claim to a superior lien on property where a home was constructed. The Florida Supreme Court holds that a contractor's mechanic's lien relates back to the visible commencement of construction under statute and cannot be defeated by equitable estoppel mer
• Nat'l Loan Invs., L.P. v. Carlton Burgher
  742 So. 2d 406· Fla. 4th DCA· 1999-09-01 ·cited 2×
  A prior recorded mortgage has priority over a subsequently filed mechanic's lien, and a court cannot disregard this rule based on equitable considerations or claims of unreasonable forbearance.
• In re Sepco, Inc. v. Arlon Indus., Inc.
  750 F.2d 51· 8th Cir.· 1984-12-12 ·cited 2×
  The court held that the subordination agreement was unenforceable due to lack of consideration, and Arlon's mechanic's lien had priority.
• Elec. Equip. Co. v. Sec. Nat'l Bank
  606 F.2d 1357· D.C. Cir.· 1979-08-31 ·cited 2×
  A mechanic's lien does not take precedence over a construction lender's claim for interest that accrued on pre-filing advances after the mechanic's lien was filed.
• Bowen v. Am. Arlington Bank
  325 So. 2d 31· Fla. 1st DCA· 1976-01-16 ·cited 2×
  In this mortgage foreclosure appeal, the court reversed a summary judgment for the bank because genuine disputes of fact remained regarding whether the contractor's mechanic's lien was properly recorded within the statutory 90-day deadline and how the lien would rank against the
• L.M. Adamson v. First Fed. Sav. & Loan Ass'n of Andalusia
  519 So. 2d 1036· Fla. 1st DCA· 1988-01-15
  L.M. Adamson Construction Company appealed a foreclosure judgment in which the trial court found that First Federal's construction mortgage and purchase money mortgage had priority over Adamson's mechanic's lien on certain property. The court reversed as to the purchase money mor
• Grapette Co. v. Bowden
  165 F.2d 487· 5th Cir.· 1947-12-09
  A mechanic's lien for permanent improvements is superior to a subsequently arising deed of trust lien.