Mechanic'S Lien

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

• Rure Assocs., Inc. v. DiNARDI Constr. Corp.
  917 F.2d 1332· 2d Cir.· 1990-11-05
  A mechanic's lien claim against a school district is not subject to the notice of claim requirements of N.Y. Education Law § 3813, and the time to file such a lien runs from the completion and acceptance of the work, not the contractor's termination. Claims against a payment bond
• Blank v. Forsythe
  567 So. 2d 57· Fla. 2d DCA· 1990-09-28
• Ringhaver Equip. Co. v. Brooks
  565 So. 2d 841· Fla. 5th DCA· 1990-08-09
  Ringhaver Equipment Company sought to enforce a mechanic's lien against a fishing boat owned by Ben Brooks for unpaid diesel engines supplied to the boat's manufacturer, Whitehouse Marine Corporation. The court affirmed the trial court's judgment invalidating the lien because Bro
• C.V. II, Inc. v. The Cury Corp.
  559 So. 2d 231· Fla. 4th DCA· 1990-02-14
  C.V. II, Inc., a general contractor, sought to foreclose on a mechanic's lien and recover amounts owed under a "buy out" provision of its contract with Cury Corporation. The court affirmed dismissal of claims exceeding the posted bond and claims against subsequent property purcha
• United States v. Fid. & Deposit Co. OF Md.
  895 F.2d 546· 9th Cir.· 1990-01-31
  The court held that supplies are material if reasonably expected to be consumed in the bonded projects as a group, not on a contract-by-contract basis.
• Fla. Nat'l Bank v. 1 Phillips Ctr., Ltd.
  555 So. 2d 951· Fla. 2d DCA· 1990-01-19
  Florida National Bank appealed a trial court judgment that denied recovery on a surety bond substituted for a mechanic's lien, holding that Florida National had not received a valid assignment of the lien from the bankrupt subcontractor. The appellate court reversed, finding that
• Margaretta C. Beisswenger and Loreen J. Beisswenger v. Omicron Constr. & Dev. Co., Inc.
  548 So. 2d 726· Fla. 4th DCA· 1989-08-09
  The Beisswengers sued Omicron Construction for breach of a construction contract and slander of title after Omicron filed a mechanics' lien on their property. The trial court found Omicron entitled to a mechanics' lien for $4,807.34 plus interest, with the Beisswengers entitled t
• Home Am., Inc. v. T & J Paving, Inc.
  544 So. 2d 1076· Fla. 2d DCA· 1989-06-09
  The court held that the automatic stay provisions of the Bankruptcy Code do not apply to actions brought against a debtor in bankruptcy, and therefore, the trial court erred in vacating a dismissal for lack of prosecution based on a suggestion of bankruptcy.
• Hollywood Appliances, Inc. v. Rutenberg
  541 So. 2d 1283· Fla. 4th DCA· 1989-04-05
  The court reversed summary judgment for defendants because genuine factual issues remained regarding whether the contract constituted a "same direct contract" under Florida's mechanic's lien statute and whether materials became fixtures.
• Gonas v. Home Elec. OF Dade Cnty., Inc.
  537 So. 2d 590· Fla. 3d DCA· 1988-10-04
  Homeowners appealed a foreclosure judgment on a mechanic's lien filed by an electrical contractor. The court held that under Florida's mechanic's lien statute, a lienor must respond to a written demand for an accounting within 30 days or forfeit the lien, and the owner's demand n
• Scott v. Haufler
  526 So. 2d 996· Fla. 1st DCA· 1988-06-08
  Mechanics liens that are not enforced within one year are discharged and cannot take priority over a subsequently recorded mortgage, even if the lien was initially filed before the mortgage.
• A.N. Drew, Inc. v. Frenchy's World Famous Cajun Cafe, Inc.
  517 So. 2d 766· Fla. 1st DCA· 1988-01-05
  The court held that the allegations in Count I were sufficient to state a cause of action for foreclosure of a mechanic's lien, but Counts II and IV were insufficient.
• Cobia v. Kalogridis
  518 So. 2d 356· Fla. 2d DCA· 1987-12-16
  The court held that the trial court erred in dismissing the complaint for failure to join indispensable parties.
• Banner Supply Co. v. Habitat 1 Constr. Corp.
  519 So. 2d 1· Fla. 3d DCA· 1987-06-09
• Bernier v. Broward Marine, Inc.
  504 So. 2d 1379· Fla. 4th DCA· 1987-04-08
  Bernier appealed after a judgment in favor of Broward Marine on conversion claims involving a vessel and personal property. The court affirmed that the vessel was a "dead vessel" not subject to federal preemption, but reversed the directed verdict on other issues and remanded, fi
• Megaphone Co. v. S. Bell Tel. & Tel. Co.
  361 F.2d 857· S.D. Fla.· 1986-09-03
• Am. Sav. & Loan Ass'n v. Lawyers Title Ins. Corp.
  793 F.2d 780· 6th Cir.· 1986-06-19
  A title insurance policy covers losses from statutory liens for labor or materials that gain priority over the insured's mortgage, even if the project is underfunded, unless the insured created, suffered, assumed, or agreed to those specific liens.
• McCOY v. Harriman Util. Bd. & Thornton Heating & Air Conditioning
  790 F.2d 493· 6th Cir.· 1986-05-12
  The court held that a contractor who merely installs a product financed by a third-party lender, without participating in the loan's negotiation or terms, is not an 'arranger of credit' under TILA, and therefore, any potential mechanic's lien in their favor does not need to be di
• In re Mohawk Frozen Foods, Inc. v. George A. Nole & Sons, Inc.
  780 F.2d 7· 2d Cir.· 1985-12-30
  A mechanic's lien invalidated on procedural grounds cannot be the basis for damages due to wilful exaggeration under New York Lien Law § 39-a.
• Gulf Horizons Dev. Co., Inc. v. Lewis
  478 So. 2d 1180· Fla. 2d DCA· 1985-11-27
• In re WWG Indus., Inc. v. United Textiles, Inc.
  772 F.2d 810· 11th Cir.· 1985-09-30
  A mechanic's lien, properly perfected under state law, is superior to the rights of a debtor-in-possession even if the lien is perfected after the bankruptcy petition is filed, provided the perfection relates back to a time before the petition.
• Valmor Distribs., Inc. v. Kanter Enters., Inc.
  474 So. 2d 1202· Fla. 4th DCA· 1985-05-22
  The court reversed an order granting summary judgment, finding that the appellees were not members of the class covered by the prior stipulated order and thus were not entitled to contact pay.
• Sprinkler Fitters & Apprentices Local Union NO. 821 v. F.I.T.R. Serv. Corp.
  461 So. 2d 144· Fla. 3d DCA· 1984-11-27
  A labor union and its members sought to enforce mechanic's lien claims for work performed on the Quayside project, but the trial court dismissed the suit. The appellate court affirmed, holding that the union members lacked the required statutory privity with property owners or co
• Hiers v. Thomas
  458 So. 2d 322· Fla. 2d DCA· 1984-09-28
  The Florida District Court of Appeal reversed the trial court's dismissal of a suit by the personal representative of a deceased contractor's estate seeking to enforce a mechanics' lien and recover unpaid contract amounts. The court held that the personal representative, as succe
• Vannoy Banks v. Steinhardt
  427 So. 2d 1054· Fla. 4th DCA· 1983-03-09
  The court held that dismissing the quantum meruit claim was error, requiring reversal and remand for further proceedings. The award of attorney fees and costs was also reversed.
• Budget Elec. Co. v. Strauss
  417 So. 2d 1143· Fla. 5th DCA· 1982-08-11
  A lienor contracting with a lessee is not entitled to a lien against the lessor's interest unless the lease expressly or impliedly requires the lessee to make the improvements.
• Meredith v. Lowe's OF Fla., Inc.
  405 So. 2d 1061· Fla. 5th DCA· 1981-11-18
  Clyde Meredith contracted with a general contractor to build his home, but the contractor abandoned the work leaving subcontractors unpaid. Meredith sought declaratory relief regarding how much unpaid subcontractors could claim from undisbursed construction funds. The Fifth Distr
• In re SLF News Distribs., Inc. v. Cook Constr. Co.
  649 F.2d 613· 8th Cir.· 1981-05-28
  A transferee who receives funds from a third party, unaware that the funds originated from a bankrupt entity, and who gives fair equivalent value to that third party by releasing a lien, qualifies as a bona fide purchaser under section 67(d)(6) of the Bankruptcy Act.
• Woodmere N. Inv. Fund Ltd. v. Guardian Mortg. Invs.
  393 So. 2d 563· Fla. 3d DCA· 1981-01-13
  A limited partnership developer sued its construction lender for breach of a loan commitment to provide $850,000 to complete an apartment complex. The trial court ruled for the lender after a jury verdict, and the appellate court affirmed, holding that the lender's commitment was
• Heflin v. W. D. M. Corp.
  391 So. 2d 357· Fla. 2d DCA· 1980-12-17
  The court held that the trial court correctly determined that the lease agreement did not contemplate the improvements made, thus the mechanic's lien did not attach to the lessor's fee interest.
• Camps v. Cardenas
  389 So. 2d 320· Fla. 3d DCA· 1980-10-21
  The trial court's refusal to dismiss the mechanics lien count was harmless error because the court retained subject matter jurisdiction through a valid equitable lien claim and rendered a money judgment on the breach of contract claim, and appellants waived any right to arbitrati
• Peerless Elec. Co., Inc. v. Goldberger
  386 So. 2d 1299· Fla. 4th DCA· 1980-08-20
  This case involves a subcontractor's appeal regarding payment for construction work and the imposition of a lien. The appellate court affirmed the denial of a lien but reversed a set-off against the subcontractor's awarded payment, remanding for a corrected judgment.
• RUG Mart, Inc. v. Pellicci
  384 So. 2d 1325· Fla. 2d DCA· 1980-06-20
  Rug Mart installed carpeting in the Pelliccis' home under a contract retaining a security interest and UCC remedies. The trial court dismissed Rug Mart's mechanics' lien foreclosure claim, holding that the security interest provision limited remedies to UCC enforcement. The appel
• Grindlays Bank Ltd. v. Charles Bassett & Assocs., Inc.
  378 So. 2d 69· Fla. 1st DCA· 1979-12-11
  The trial court erred in imposing an equitable lien instead of a statutory mechanic's lien where the defendant performed surveying services based on apparent authority and the property owner's agent's representations of commitment to pay.
• ST. Petersburg Sheraton Corp. v. Transcoastal Maint. & Supply, Inc.
  377 So. 2d 995· Fla. 2d DCA· 1979-11-21
  St. Petersburg Sheraton Corporation appealed a trial court order foreclosing a mechanic's lien filed by Transcoastal Maintenance and Supply, Inc., a roofing contractor. The court reversed, holding that a property owner is entitled to a setoff for expenses incurred in repairing de
• Sunrise Point, Inc. v. Foss
  373 So. 2d 438· Fla. 3d DCA· 1979-07-31
  Florida appellate court reviewed a lower court's denial of a motion to discharge a lis pendens filed against a condominium project. The court held that a lis pendens may not be filed against property when the complaint seeks only money damages or creditor relief without asserting
• Hallmark Mfg. Inc. v. Lujack Constr. Co., Inc.
  372 So. 2d 520· Fla. 4th DCA· 1979-06-27
  Hallmark Manufacturing sought an equitable lien on real property and filed a notice of lis pendens based solely on Lujack's alleged breach of contract for unpaid labor and materials. The Florida Fourth District Court of Appeal reversed the trial court's denials of Lujack's motion
• Coplan Pipe & Supply Co., Inc. v. Cent. Bank & Tr. Co.
  362 So. 2d 447· Fla. 3d DCA· 1978-09-12
  Coplan Pipe & Supply Co. appeals from a summary judgment dismissing its mechanics lien foreclosure suit based on collateral estoppel arising from an adverse jury verdict in a separate breach of contract action. The court reverses, holding that collateral estoppel does not apply b
• The Cleveland Tr. Co. v. Ousley SOD Co.
  351 So. 2d 58· Fla. 4th DCA· 1977-10-04
  The recording of a notice of lis pendens bars the enforcement of an unrecorded mechanic's lien, even if the lien would otherwise relate back to an earlier notice of commencement.
• Palmer First Nat'l Bank v. Rinker Materials Corp.
  348 So. 2d 1234· Fla. 3d DCA· 1977-08-09
  A mortgagee bank's vice president assured subcontractors that funds existed to complete a construction project and urged them to continue furnishing materials and labor without filing mechanic's liens. The trial court found the bank waived its mortgage priority over subsequently
• Delcon-Long Bayou Co., Inc. v. Trow
  343 So. 2d 82· Fla. 2d DCA· 1977-03-04
• Weaner v. Bullard & Walling, Inc.
  342 So. 2d 86· Fla. 2d DCA· 1977-01-26
  The Weaners appealed the dismissal of their third-party complaint against the Regars in a construction dispute. The court affirmed the dismissal, holding that the Weaners had no viable claim against the Regars for breach of a covenant against encumbrances because any mechanic's l
• Mordecai Rosenholz and Freda Rosenholz v. Perrine Dev. Co.
  340 So. 2d 1264· Fla. 4th DCA· 1976-12-24
  The court held that the rental cost of a rock crusher, not used in construction, could not be included in a mechanic's lien, and the reasonable rental value of machinery must be based on actual work performed, not just contract duration.
• Demetree Builders, Inc. v. Powers
  335 So. 2d 350· Fla. 2d DCA· 1976-07-23
  A masonry subcontractor's lien claim against a contractor's bond was affirmed for $8,130.38 in completed work, but the award of attorney's fees was reversed for lack of stipulation and testimony, and interest was remanded for recalculation from the correct date.
• Nat'l Motel Corp. v. Lareau
  327 So. 2d 116· Fla. 1st DCA· 1976-02-25
• S. D. Brull & Assocs., Inc. v. The Cutler Club, Inc.
  323 So. 2d 3· Fla. 3d DCA· 1975-12-02
  Florida appellate court reversed discharge of contractor's lien claim, holding that the trial court erred in finding willful exaggeration without sufficient evidence of gross negligence amounting to willful overstatement.
• Urban Sys. Dev. Corp. v. NCNB Mortg. Corp.
  513 F.2d 1304· 4th Cir.· 1975-04-10
  Construction lenders are not liable to a terminated general contractor for undisbursed loan funds, as the contractor has no direct claim to those funds.
• High v. United States
  506 F.2d 755· 5th Cir.· 1975-01-17
  A person required to collect and pay over taxes is liable for the unpaid amount if they willfully fail to do so, even if they prioritize other creditors.
• In re Yale Express Sys., Inc. v. Nogg
  438 F.2d 101· 2d Cir.· 1971-02-05
  The court held that the subcontractor's mechanic's lien rights are preserved and will not be lost due to the passage of time, despite the Chapter X reorganization proceedings.
• Surf Developers, Inc. v. H. E. Nason, Inc.
  233 So. 2d 412· Fla. 3d DCA· 1970-03-31
  A fee title owner appealed a judgment imposing personal liability and a mechanic's lien on both its legal title and the equitable interest of purchasers under an agreement for deed. The court reversed, holding that the fee owner cannot be personally liable for repairs contracted