Mechanic'S Lien

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

• Pembroke Villas OF Broward, Inc. v. Raymundo
  447 So. 2d 324· Fla. 4th DCA· 1984-02-22 ·cited 2×
  The court held that a contractor's affidavit is not required for lienors described under Section 713.04, Florida Statutes, as the legislature did not specifically mandate it for that category.
• Webb v. State
  441 So. 2d 700· Fla. 2d DCA· 1983-12-07 ·cited 2×
  Webb, a general contractor, was convicted of second degree grand theft for allegedly billing homeowner Doyle for cedar materials that were not incorporated into Doyle's home addition. The appellate court reversed, finding the evidence legally insufficient to establish the crime o
• Sterling Nat'l Bank & Tr. Co. OF NEW York v. Southwire Co.
  713 F.2d 684· 11th Cir.· 1983-08-29 ·cited 2×
  A transfer of collateral to satisfy a pre-existing debt is not a sale in the regular course of business and is therefore not authorized under the security agreement, meaning the secured party's interest has priority over the transferee's claim.
• Neger v. Wright
  428 So. 2d 777· Fla. 4th DCA· 1983-03-30 ·cited 2×
  The court should relinquish jurisdiction and request findings of fact regarding attorney's fees to allow for meaningful appellate review.
• E. v. Constr. Co.
  418 So. 2d 291· Fla. 3d DCA· 1982-07-13 ·cited 2×
  A contractor in privity with the legal owner of the property at the time of contracting for improvements is not required to serve a 'notice to owner' under Section 713.06(2)(a), Florida Statutes, even if legal title transfers during the improvement period.
• Cape Cave Corp. v. Charlotte Asphalt, Inc.
  384 So. 2d 1300· Fla. 2d DCA· 1980-06-04 ·cited 2×
  A trial court abuses its discretion by striking all defenses and entering a default judgment when a party willfully fails to produce evidence for only one defense, without also finding other defenses invalid.
• The Dublin Co. & Fid. & Deposit Co. of Md. v. Brady Sales, Inc.
  380 So. 2d 1095· Fla. 5th DCA· 1980-02-20 ·cited 2×
  A subcontractor appeals from a judgment awarding a materialman $18,960.40 plus interest on a mechanic's lien for materials allegedly supplied to a construction project. The Florida appellate court affirmed, holding that the trial court properly found the materials were delivered
• In re Paul Potts Builders, Inc. v. The Cnty. OF Marin
  608 F.2d 1279· 9th Cir.· 1979-11-26 ·cited 2×
  Failure to timely file a foreclosure action under state law does not extinguish a mechanic's lien, allowing it to be satisfied as a valid preference in bankruptcy when the statute of limitations is used affirmatively by the trustee.
• 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.
• Kendrick A. Jones v. W. L. Cobb Constr. Co., Inc.
  371 So. 2d 550· Fla. 2d DCA· 1979-05-30 ·cited 2×
  Stockholders of a general contractor guaranteed performance of a construction contract in lieu of a performance bond. The court held that this personal guarantee was a performance bond benefiting only the property owners, not a statutory payment bond under Florida law, and theref
• Underground Supply Co., Inc. v. Mason
  365 So. 2d 447· Fla. 4th DCA· 1978-12-20 ·cited 2×
• McDEVITT & St. Co. v. Martin
  356 So. 2d 1315· Fla. 4th DCA· 1978-04-04 ·cited 2×
  The court affirmed the jury verdict in the breach of contract action but reversed and remanded the replevin action for a new trial on damages because no competent evidence supported the $8,325 award for wrongful detention of personal property.
• Viyella v. Jackson
  347 So. 2d 830· Fla. 3d DCA· 1977-07-06 ·cited 2×
  In this mechanic's lien dispute, the Florida Third District Court of Appeal affirmed the trial court's denial of defendants' motion to dismiss a complaint by a terrazzo installer. The court held that the 45-day notice requirement for mechanic's liens does not bar claims filed aft
• Freedom Fed. Sav. & Loan Ass'n v. Yakle Lumber Yard
  343 So. 2d 113· Fla. 2d DCA· 1977-03-11 ·cited 2×
  Freedom Federal Savings and Loan Association appeals from a summary judgment establishing mechanics' lien priority over its mortgage. The court reversed, holding that the trial court improperly excluded a timely affidavit, misallocated the burden of proof on the summary judgment
• Finn v. Schneider-Richter & Assocs. P. A.
  343 So. 2d 646· Fla. 3d DCA· 1977-03-01 ·cited 2×
  The court held that oral testimony can be sufficient to prove compliance with statutory lien filing requirements, and that findings based on conflicting testimony will not be reversed.
• Edward L. Nezelek, Inc. v. Concreform Co.
  351 So. 2d 1046· Fla. 4th DCA· 1977-02-11 ·cited 2×
• Hemmerle v. First Fed. Sav. & Loan Ass'n OF Desoto Cnty.
  338 So. 2d 82· Fla. 2d DCA· 1976-10-08 ·cited 2×
  The Improvement Fund is not a tax-exempt cemetery company under Section 501(c)(13) because it functions as an adjunct to a profit-making cemetery company, thus acquiring the latter's taxable status. The court also addresses the allocation of income and allowable deductions.
• 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
• Chatman v. Daugherty
  527 F.2d 691· 6th Cir.· 1975-12-15 ·cited 2×
  The court held that the District Court erred in affirming the Bankruptcy Judge's order allowing a mechanic's lien creditor to foreclose, as the Bankruptcy Court had the power to enjoin such enforcement.
• Alex v. Randy, Inc.
  305 So. 2d 13· Fla. 1st DCA· 1974-12-19 ·cited 2×
  In this interlocutory appeal, property owners sought to cancel mechanics' liens by serving demands on lienors under Florida's mechanics' lien statute, which provides that failure to respond within ten days to a statutory demand forfeits the lien. The court held that the demands w
• 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.
• Bras v. Nelle E. Bras
  463 F.2d 413· 10th Cir.· 1972-07-13 ·cited 2×
  A cotenant cannot recover from other cotenants for unilateral improvements made without their consent or knowledge, and a party seeking contribution for partnership debts must properly present claims against an estate.
• Haney Chevrolet, Inc. v. Poli Bros., Inc.
  262 So. 2d 230· Fla. 4th DCA· 1972-04-24 ·cited 2×
  The trial court properly upheld the appellee's timely-filed mechanic's lien and correctly valued the lien based on reasonable value of labor and services furnished, including overhead, profit, and equipment rentals.
• 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.
• Logan Constr. Co. v. Warren Bros. Constr. Co.
  257 So. 2d 52· Fla. 1st DCA· 1972-01-18 ·cited 2×
• A. J. Bumb in Bankr. in the Matter of Gough Indus., Inc. v. Petersmith Controls, Inc.
  377 F.2d 817· 9th Cir.· 1967-05-05 ·cited 2×
  The court held that Petersmith, as a subcontractor who manufactured specialized equipment, was entitled to a lien on the unpaid balance of funds under California law.
• Ritzenberg v. Noland Co., Inc.
  364 F.2d 667· D.C. Cir.· 1966-05-27 ·cited 2×
  The court held that an owner who pays a contractor after receiving notice of a materialman's lien is liable for the lien amount up to the sum paid after notice, even if it results in the owner paying twice.
• Mitford v. Bankruptcy
  353 F.2d 550· 9th Cir.· 1965-10-29 ·cited 2×
  The court held that a mechanic's lien was timely filed and that a trust deed was not subject to a subordination agreement procured by fraud, affirming the lower court's judgment.
• Hartford Accident & Indem. Co. v. A.B.C. Cleaning Contractors, Inc.
  350 F.2d 430· D.C. Cir.· 1965-08-09 ·cited 2×
  A surety's undertaking to pay a judgment enforcing a mechanic's lien is not triggered by a mere personal judgment against the purported owner if no lienable interest in the property was established.
• Miami Nat'l Bank v. Citation Homes, Inc.
  157 So. 2d 155· Fla. 3d DCA· 1963-11-05 ·cited 2×
  This case concerns the priority of liens on real property. The appellate court reviewed a final decree that determined a mortgage lien was valid but inferior to mechanic's liens. The court affirmed the lower court's decision.
• Browning v. Allied Helicopter Serv., Inc.
  309 F.2d 712· 10th Cir.· 1962-11-05 ·cited 2×
  The court held that aerial spraying services do not constitute labor or materials for the erection, alteration, or repair of a building or structure, thus not creating a statutory mechanic's lien. Attorney fees awarded in connection with the invalid lien were also reversed.
• Nat'l Brick & Supply Co., Inc. v. Baylor
  299 F.2d 454· D.C. Cir.· 1962-02-01 ·cited 2×
  The court held that the owner's payment to a subcontractor for replacing wrongfully removed equipment, which the subcontractor was already obligated to do, was not a necessary expense of finishing the work and thus could not be deducted from the balance owed to the prime contract
• Barnett v. Concrete Placing Co., Inc.
  120 So. 2d 628· Fla. 3d DCA· 1960-05-19 ·cited 2×
  In this mechanic's lien foreclosure case, the Florida District Court of Appeal addresses whether a subcontractor must credit undesignated payments to a specific job debt when the owner (as statutory surety) ultimately sources the funds. The court holds that where the creditor has
• LA PAN v. Cascade Enters., Inc.
  94 So. 2d 178· Fla.· 1957-01-04 ·cited 2×
  A decorator sued to foreclose a lien for decorative work and materials provided to a restaurant/lounge property leased by his employer. The Florida Supreme Court reversed summary judgment, holding that decorative improvements performed by a lessee in accordance with lease obligat
• Reconstr. Fin. Corp. v. Kern-Limerick, Inc.
  192 F.2d 978· 8th Cir.· 1951-12-12 ·cited 2×
  The court held that the mechanic's lien filed by appellee was prior and superior to the mortgage lien of the appellant because the appellee had a valid statutory lien before the mortgage was executed and the appellant had sufficient notice of the appellee's claim.
• Scott v. NEW York
  159 F.2d 618· 7th Cir.· 1947-02-04 ·cited 2×
  An attorney's lien on a cause of action is not defeated by a settlement with the client or a party representing the client, especially when the settling party has notice of the lien.
• The Van Eepoel Real Est. Co. v. The Sarasota Milk Co.
  100 Fla. 434· Fla.· 1929-03-20 ·cited 2×
  This case addresses the priority of liens between a mortgage and a materialman's lien. The court determined that a mortgage recorded before materials were furnished and labor performed has priority over a subsequently recorded materialman's lien.
• U. G. Staton Co. v. L. Smith Steel Co.
  95 Fla. 958· Fla.· 1928-05-22 ·cited 2×
  U.G. Staton Company appeals a foreclosure decree on a materialman's lien filed by L. Smith Steel Company for structural steel supplied to a hotel construction project. The Florida Supreme Court affirms the chancellor's decree, holding that the lien was valid and not discharged by
• St. Johns & Halifax R.R. Co. v. Bartola & Genaro
  28 Fla. 82· Fla.· 1891-06-01 ·cited 2×
  The Florida Supreme Court reversed a circuit court decree awarding damages for breach of contract in a mechanic's lien case, holding that a statutory lien for railroad construction labor extends only to compensation for work actually performed, not to unliquidated damages arising
• W. R. Emerson & Co. v. Gainey
  26 Fla. 133· Fla.· 1890-01-01 ·cited 2×
  In this mechanic's lien enforcement case, the Florida Supreme Court affirmed a judgment for the plaintiff who performed labor on a steam saw mill, rejecting the defendant's challenges to the sufficiency of the affidavit, the constitutionality of the mechanic's lien statute, and t
• MHB Constr. Servs., L.L.C. v. Rm-Na HB Waterway Shoppes, L.L.C.
  74 So. 3d 587· Fla. 4th DCA· 2011-11-23 ·cited 1×
  MHB Construction Services appealed the dismissal of its mechanic's lien claim against a property landlord for improvements made to the tenant's leased space. The court affirmed that a landlord whose property is subject to a properly recorded Notice of Lien Prohibition under Flori
• Blum v. Dawkins, Inc.
  683 So. 2d 163· Fla. 5th DCA· 1996-11-01 ·cited 1×
  A supplier of materials to a construction project sued the homeowners for unjust enrichment after failing in a mechanic's lien claim. The court held that because the owners paid the full contract price for the completed home (which included the supplier's materials), no unjust en
• Flagler Fed. Sav. & Loan Ass'n v. Greenview Apts., Ltd.
  897 F. Supp. 1431· S.D. Fla.· 1995-07-05 ·cited 1×
  The court held that the Lienholders' claims were barred because they failed to exhaust FIRREA's administrative claims review process, and their due process rights were not violated by the RTC's failure to mail notice of the bar date.
• Sturge v. LCS Dev. Corp. & Leo Salomon
  643 So. 2d 53· Fla. 3d DCA· 1994-09-28 ·cited 1×
  The Sturges sought to discharge a mechanic's lien filed by their contractor LCS Development Corporation following a dispute over Hurricane Andrew repairs. The Florida District Court of Appeal held that a lienor must strictly comply with statutory time requirements and cannot exte
• Gazebo Landscape Design, Inc. v. Bill Free Custom Homes, Inc.
  638 So. 2d 87· Fla. 4th DCA· 1994-04-27 ·cited 1×
  Gazebo Landscape Design sought to enforce a mechanic's lien for landscape work performed for homeowners, but the trial court denied the lien claim because Gazebo failed to serve a timely notice to owner within 45 days of commencing services. The Fourth District Court of Appeal re
• Hendricks v. Callahan
  972 F.2d 190· 8th Cir.· 1992-07-27 ·cited 1×
  The court held that Minnesota law requires a buyer to demonstrate reliance on an express warranty to succeed in a breach of warranty claim, and that the facts did not support a breach of the Property Warranty or the Financial Statement Warranty.
• Palm Beach Mall, Inc. v. Se. Millwork, Inc.
  593 So. 2d 1121· Fla. 4th DCA· 1992-02-05 ·cited 1×
  Palm Beach Mall appealed a mechanics' lien judgment granted to Southeast Millwork for constructing a removable retail kiosk in the mall. The trial court denied the lien claim based on the kiosk not being a permanent improvement but granted it anyway under a "specially fabricated
• The Ctr. OF Osceola, Inc. v. William Hicks & Sons, Inc.
  549 So. 2d 1048· Fla. 5th DCA· 1989-08-31 ·cited 1×
• K-W Indus. v. Nat'l Sur. Corp.
  855 F.2d 640· 9th Cir.· 1988-08-29 ·cited 1×
  The Miller Act does not preempt state unfair insurance practices laws as applied to sureties of Miller Act bonds.
• 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.