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456 So. 2d 1326·
Fla. 4th DCA·
1984-10-10
·cited 1×
Mack Industries supplied materials to a construction project and obtained a judgment against the general contractor, Frank J. Baker, for non-payment. When Mack released its mechanic's lien against the property owner's land in bankruptcy, the contractor moved for satisfaction of t
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379 So. 2d 461·
Fla. 4th DCA·
1980-02-06
·cited 1×
A plumbing contractor appealed a partial summary judgment dismissing mechanic's and equitable lien claims and an accompanying mandatory injunction requiring removal of filed liens. The appellate court dismissed for lack of jurisdiction, finding the order non-final and the injunct
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368 So. 2d 891·
Fla. 2d DCA·
1979-02-14
·cited 1×
The one-year statute of limitations in Section 255.05(2) applies only to actions brought on the statutory bond, not to independent contract claims against the prime contractor.
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142 So. 2d 754·
Fla. 3d DCA·
1962-06-26
·cited 1×
The court held that a mechanic's lien for architectural services requires proof that the services or plans were actually used in improving the real property, and a valid release of lien is effective.
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Del. Super. Ct.·
2026-01-28
Salt Air Homes II, LLC obtained a default judgment against St. Paul African Methodist Episcopal Church of Harrington for failure to pay the balance due under a construction contract. The defendant's motion to set aside the default judgment under Rule 60(b)(1) was denied because t
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Del. Super. Ct.·
2025-06-30
The court granted summary judgment for the contractor, finding that the owners breached the contract by failing to pay the final invoice, and that their counterclaims for breach of contract, consumer fraud, and deceptive trade practices failed on their individual merits and were
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Fla. 2d DCA·
2024-04-12
Jon M. Hall Company sought certiorari review of a circuit court order granting partial summary judgment in favor of Canoe Creek on Hall's construction lien foreclosure claim and denying Hall's motion to amend its complaint to add the bond surety as a defendant. The court held tha
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Fla. 1st DCA·
2023-10-04
The Florida Supreme Court held that a meat processor cannot sell native venison meat to recoup processing costs when the hunter abandits it, even if the processor has a lien on the meat. The court found that the statute governing liens does not supersede the regulation prohibitin
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Del. Super. Ct.·
2023-07-07
The court granted summary judgment for Jennifer Schmitz, finding no evidence she acted outside her capacity as a limited liability company manager or directed negligent acts. The court denied the Homeowners' motion for partial summary judgment on contract termination, finding a f
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S.D. Fla.·
2022-03-28
The court held that Maria Montero's claims lacked standing and granted the government's motion to strike them, while denying Guillermo Montero's motion for reconsideration of a prior order striking his claims.
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Del. Super. Ct.·
2021-08-03
The court granted in part and denied in part the defendants' motions to dismiss. The mechanic's lien claim was dismissed for insufficiency of the bill of particulars, but leave to amend was granted. The court found that the contract's arbitration clause was not ambiguous and comp
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Fla. 3d DCA·
2020-04-01
The appellate court granted a petition for writ of certiorari, quashing a trial court's order that denied a motion to discharge a mechanic's lien. The court found that the lienor failed to strictly comply with statutory requirements for responding to an order to show cause, neces
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Del. Super. Ct.·
2020-03-06
The court granted the defendant's motion to dismiss the plaintiff's claims for a mechanic's lien and under the Building Construction Payments Act (BCPA). The court held that the mechanic's lien statute requires work to be performed on or become part of a 'structure,' narrowly def
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Fla. 3d DCA·
2019-09-25
The appellate court affirmed a lower court's order requiring J.V. Air Maintenance to return an aircraft to Westwind Leasing. J.V. Air had retained possession beyond the three-month statutory limit for enforcing a mechanic's lien by possession.
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S.D. Fla.·
2017-01-19
The court held that the plaintiff sufficiently pleaded facts to support a plausible inference of gender-based discrimination under Title IX and adequately pleaded state law claims for breach of contract and breach of the implied covenant of good faith and fair dealing.
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Del. Super. Ct.·
2015-07-01
The court found that both parties breached the contract. The contractor materially breached by abandoning the job, while the clients breached by failing to pay the final draw and agreed-upon extras. The court offset the damages awarded to each party and entered judgment for the c
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125 So. 3d 286·
Fla. 4th DCA·
2013-03-27
Marble Unlimited, a subcontractor, filed a mechanic's lien claim against the corporate owner of condominium units where it performed work. The trial court dismissed the lien for failure to serve notice to owner on the current property owner, but the appellate court reversed, hold
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Del. Super. Ct.·
2013-01-08
The Delaware Superior Court awarded plaintiffs Rodman Construction Co. and Northeast Construction a total of $467,171.54 plus additional attorneys' fees, interest, and costs. The court found in favor of the plaintiffs on most of their claims, including back charges for safety fin
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101 So. 3d 899·
Fla. 4th DCA·
2012-11-14
Mechanic's lien claimant Barber's summary judgment was reversed because genuine issues of material fact remain regarding whether he qualifies as a "laborer" exempt from the notice requirement under Florida Statutes § 713.06(2)(a).
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92 So. 3d 242·
Fla. 4th DCA·
2012-06-06
The court held that a party cannot recover damages for a mechanic's lien when they have not paid the lien amount and there are no defects in the work performed.
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Del. Super. Ct.·
2009-03-03
The Court held that while the mechanic's lien claim was not defective for failure to apportion amounts owed, it was defective for failure to join a necessary party, Pyro-Tech, LLC. The Court found that Pyro-Tech, as the contractor with whom the materialman Accu-Fire contracted, w
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Del. Super. Ct.·
2008-01-11
The appellate court affirmed the trial court's decision, holding that the plaintiff was not entitled to a mechanic's lien because he failed to make an affirmative showing that his work benefited the property and that he complied with the statutory requirements for a mechanic's li
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Del. Super. Ct.·
2007-09-14
The appellate court affirmed in part and reversed in part the trial court's decision. The court held that White Rock failed to prove its entitlement to damages on its contract and quantum meruit claims for the 421/423 Market Street project, and thus its claims for double damages,
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Del. Super. Ct.·
2004-07-28
The appellate court affirmed in part and reversed in part the trial court's judgment. The court held that the subcontractor was entitled to the unpaid balance of the contract, plus interest, as the general contractor failed to prove its counterclaims for delay, defective work, an
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864 So. 2d 461·
Fla. 3d DCA·
2003-12-24
A party who voluntarily dismisses a mechanic's lien action in exchange for payment procured by a bond company on behalf of the owner is not the prevailing party entitled to attorney's fees.
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870 So. 2d 830·
Fla. 3d DCA·
2003-07-23
Florida appellate court affirmed dismissal for lack of prosecution, holding that transferring a mechanic's lien to a bond under Fla. Stat. § 713.24 does not constitute sufficient record activity to prevent dismissal.
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Del. Super. Ct.·
2001-06-15
The court held that the plaintiff substantially complied with the requirements for filing a mechanics' lien, and that the court had discretion to grant an enlargement of time for serving notice of the lien due to excusable neglect, as the delay did not unduly prejudice the defend
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787 So. 2d 85·
Fla. 2d DCA·
2001-03-21
Dr. Pines and Polo Alto Associates appealed a judgment awarding attorney's fees and costs to Growers Service Company following a settlement. The court reversed the attorney's fee award in full and partially reversed the costs award, holding that Growers failed to prove it was the
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778 So. 2d 430·
Fla. 4th DCA·
2001-02-07
Sayre filed a contract action against a painting contractor and later added counts against additional defendants including property owner, general contractor, and sureties on a payment bond. The county court awarded attorney's fees to the prevailing defendants on the surety bond
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769 So. 2d 526·
Fla. 5th DCA·
2000-10-27
A labor pool corporation that furnishes employees to perform work on a construction project cannot file a mechanic's lien as a 'laborer' under Chapter 713, Florida Statutes, because it does not personally perform the labor itself.
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762 So. 2d 536·
Fla. 4th DCA·
2000-05-31
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723 So. 2d 391·
Fla. 2d DCA·
1999-01-06
The court held that the dismissal was based on improper venue, not lack of subject matter jurisdiction, requiring reversal.
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704 So. 2d 687·
Fla. 3d DCA·
1997-12-24
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694 So. 2d 756·
Fla. 1st DCA·
1997-04-01
Wal-Mart appeals a trial court judgment imposing an equitable lien in favor of Ewell Industries for unpaid materials supplied to a Sam's Club construction project. The appellate court reverses, holding that an equitable lien under Florida law requires proof of intent to defraud,
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840 F. Supp. 888·
S.D. Fla.·
1993-08-10
The court held that the RTC is not barred by 12 U.S.C. § 1823(e) from liability for a debt owed by a failed bank, and that genuine issues of material fact exist regarding the plaintiff's mechanic's lien claim.
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998 F.2d 1092·
1st Cir.·
1993-07-22
The court held that the Rhode Island court's finding regarding DelVicario's agency for Lechmere was not necessary to the prior judgment and thus not entitled to collateral estoppel effect, and that Tilcon failed to present sufficient evidence to establish Lechmere's liability for
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990 F.2d 1075·
8th Cir.·
1993-04-13
Mechanics' and materialmen's liens can attach to improvements on land even if no building or structure exists, if the improvements are made under contract and benefit the land permanently.
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987 F.2d 122·
2d Cir.·
1993-03-03
Connecticut's prejudgment attachment statute, Conn.Gen.Stat. § 52-278e(a)(l), is constitutional as applied to a debtor-creditor dispute involving a claim for materials and labor furnished for home improvement.
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606 So. 2d 437·
Fla. 4th DCA·
1992-09-30
The court held that prior judgments preclude relitigation of issues, even if the causes of action differ, under the doctrine of res judicata and estoppel by judgment.
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604 So. 2d 909·
Fla. 5th DCA·
1992-09-04
Schopke Construction and its surety appealed a trial court order denying their motion to compel arbitration of a construction subcontract dispute with Newham Plastering. The Fifth District reversed, holding that arbitration provisions in construction contracts are enforceable eve
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972 F.2d 987·
8th Cir.·
1992-08-17
The court held that a project manager who performed some on-site supervisory work and manual labor on federal construction projects may be covered by the Miller Act, even if salaried.
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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.
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966 F.2d 973·
5th Cir.·
1992-07-21
The Smiths are estopped from asserting the invalidity of the mechanic's lien on their homestead because they represented it as valid, inducing the FDIC and its assignee (the Bank) to invest funds. The denial of attorney's fees was error, requiring remand.
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962 F.2d 128·
1st Cir.·
1992-04-24
The court held that a builder's knowing sale of a house with serious undisclosed defects and subsequent failure to respond to buyer's concerns could constitute a violation of Maine's Unfair Trade Practices Act, and that the buyers did not waive their claim by closing on the house
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592 So. 2d 324·
Fla. 4th DCA·
1992-01-03
The Fourth District Court of Appeal affirmed a judgment in favor of a subcontractor against general contractors, holding that substantial compliance with Florida's mechanic's lien notice requirements was satisfied despite the notice to the owner being delivered after recording, w
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588 So. 2d 1025·
Fla. 1st DCA·
1991-11-01
O'Kon, an unlicensed Georgia architectural firm, sought to enforce an architectural services contract and mechanic's lien against RSW for work on a Florida hotel project. The court affirmed that O'Kon could not recover architectural fees or perfect a lien because it violated Flor
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945 F.2d 259·
9th Cir.·
1991-09-18
The court held that the subcontractor's notice did not create a choate lien on the collateral, and therefore the IRS's tax lien had priority.
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928 F.2d 354·
10th Cir.·
1991-03-19
The court held that a mechanics lien foreclosure claim against property owned by a non-debtor, but subject to a debtor's leasehold interest, is stayed by the automatic stay provisions of the Bankruptcy Code, thus tolling the statutory enforcement period.
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573 So. 2d 194·
Fla. 4th DCA·
1991-01-23
A property owner appealed a trial court order that vacated its earlier discharge of a contractor's mechanic's lien. The court reversed, holding that mechanic's lien discharge orders under Florida Statute § 713.21(4) cannot be vacated based on excusable neglect or due diligence wh
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572 So. 2d 1018·
Fla. 2d DCA·
1991-01-04
Diamond Builders seeks to reinstate a notice of lis pendens that the trial court dissolved solely because it was filed without prior judicial approval. The court grants the petition, holding that Florida law does not require prior court approval before filing a notice of lis pend