Mechanic'S Lien

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

• Trowbridge, Inc. v. Hathaway
  226 So. 2d 35· Fla. 1st DCA· 1969-08-14
  Trowbridge, Inc., a subcontractor, appealed a judgment denying enforcement of its mechanic's lien against property owners William and Lucille Hathaway. The court affirmed the lower court's ruling that Trowbridge failed to comply with Florida's mechanic's lien statute by failing t
• Sahrad Kerkochian, Jr. v. Shields
  394 F.2d 174· 9th Cir.· 1968-04-29
  The court held that the facts and circumstances did not evidence an injustice to the appellant under the rulings of the Referee or the District Court.
• The Prepakt Concrete Co. v. Fid. & Deposit Co. OF Md.
  393 F.2d 187· 7th Cir.· 1968-04-01
  The court held that Prepakt was entitled to interest on its mechanics lien claim but not on its contract claim, and that a bond premium was not a covered cost under the labor and material bond.
• Sharpe v. Herman A. Thomas, Inc.
  206 So. 2d 655· Fla. 3d DCA· 1968-02-06
  The court affirmed the granting of a default judgment against a defendant who failed to file an answer within the time ordered by the court, despite filing an answer and counterclaim shortly after the default was entered.
• Nat'l Union Fire Ins. Co. OF Pittsburgh v. Robuck
  203 So. 2d 204· Fla. 1st DCA· 1967-10-05
  National Union Fire Insurance Company appeals summary judgments awarding subcontractors recovery on a performance bond despite the principal's fraud in obtaining the bond. The court holds that fraud by the principal does not vitiate the surety's liability to innocent obligees who
• Wash. Concrete Sales Corp., Inc. v. Morrissette
  377 F.2d 137· D.C. Cir.· 1966-12-01
  The court held that the owners did not owe the general contractor any sums when the subcontractors perfected their liens, thus precluding subcontractor recovery.
• Frank v. Groo
  176 So. 2d 119· Fla. 2d DCA· 1965-05-28
  Frank, as trustee and owner of land, appeals a final decree granting an equitable lien to engineering plaintiffs who performed subdivision services benefiting his property through an option holder corporation in which he held a financial interest. The court affirms, holding that
• Dargel Constr. Co. v. DeSOTO Lakes Corp.
  172 So. 2d 849· Fla. 2d DCA· 1965-03-17
  A mechanics' lien case involving whether a sewerage treatment system's equipment can be subject to a mechanic's lien when the contractor had no interest in the underlying land. The court held that the equipment is removable under Florida law and remanded for the trial court to im
• Cent. Elec. Supply, Inc. v. Amason
  172 So. 2d 508· Fla. 2d DCA· 1965-02-24
  Central Electric Supply, an unpaid materialman, appealed a summary judgment denying its mechanics' lien claim against a general contractor for materials supplied to a subcontractor in June-September 1961. The court affirmed, holding that because visible commencement of operations
• Norton v. Commissioner OF Internal Revenue
  333 F.2d 1005· 9th Cir.· 1964-06-16
  The court held that a taxpayer can only deduct a theft loss for amounts paid in reliance on a contractor's false representation that subcontractors and materialmen were being paid, not for defective workmanship not shown to be knowingly and designedly caused.
• Mac Mermell and his wife v. McKINLEY
  158 So. 2d 142· Fla. 2d DCA· 1963-11-27
  In this equity case, the trial court dismissed plaintiff's third amended complaint for failing to allege a cause of action in equity and transferred the case to the law side with leave to file an amended complaint. The defendants appealed the transfer, arguing the plaintiff canno
• Nat'l Brick & Supply Co., Inc. v. Baylor
  324 F.2d 892· D.C. Cir.· 1963-11-14
  The court held that the trial court's findings of fact were supported by evidence and not clearly erroneous, thus upholding the judgment.
• Callejo-Borges v. Rochelle
  316 F.2d 812· 5th Cir.· 1963-05-08
  A party in possession of land under a contract to purchase is not considered an 'owner' for the purpose of impressing a mechanic's lien. A settlement payment from the landowner to the trustee was for 'peace' and not a purchase of the bankrupt's interest.
• Curtis v. Chambers
  310 F.2d 857· D.C. Cir.· 1962-11-01
  The court held that the trial court's findings were not clearly erroneous and affirmed the judgment.
• United States v. Crest Fin. Co., Inc.
  305 F.2d 332· 7th Cir.· 1962-07-10
  The court modified its prior order, affirming the priority of mechanic's liens over the United States' lien, and reversing the priority of the United States' lien over Crest Finance's lien.
• Hollostone Co. of Miami v. Klements
  19 Fla. Supp. 11· Dade Cty. Cir. Ct.· 1961-11-28
  Materials are considered 'specially fabricated' for a mechanic's lien only if they have little value if not used for the particular improvement.
• Fichtenbaum v. Bald Eagle Constr. Co.
  131 So. 2d 513· Fla. 2d DCA· 1961-06-30
  The appellate court affirmed a final decree foreclosing mechanics' liens filed by subcontractors and an engineering company against owners who had contracted with a general contractor who subsequently absconded.
• Ivie v. Atlas Subsidiaries OF Fla., Inc.
  128 So. 2d 172· Fla. 2d DCA· 1961-03-29
  The Florida District Court of Appeal reversed a lower court's decision that granted a mechanic's lien to a plaintiff who had purchased a note and mortgage. The appellate court found that the contractor was not entitled to a mechanic's lien and therefore could not assign one to th
• Matter of Heat 'N' EAT Brands, Inc. v. Scoggan
  278 F.2d 488· 6th Cir.· 1960-05-11
  The court held that a trade fixture, not permanently attached to leased premises, is not subject to a mechanic's lien under Kentucky law.
• Karwisch v. Midland Distribs.
  118 So. 2d 38· Fla. 2d DCA· 1960-02-19
  Property owners appealed a summary judgment holding them liable for the full difference between contract price and down payment to satisfy mechanic liens. The court reversed, holding that 'final payment' for mechanic lien purposes must be determined by what the parties actually s
• Diana Stores Corp. v. M. & M. Elec. Co., Inc.
  108 So. 2d 486· Fla. 3d DCA· 1959-01-29
  M. & M. Electric Co. sued Diana Stores and general contractor R. M. Thompson Co. for unpaid electrical work. The trial court awarded M. & M. $3,729 and dismissed Thompson's counterclaim for breach of contract and poor scheduling. The appellate court reversed, finding M. & M. was
• John W. Johnson, Inc. v. 2500 Wis. AVE., Inc.
  231 F.2d 761· D.C. Cir.· 1956-02-16
  The court held that a party cannot unilaterally withdraw from an arbitration agreement that has become a stipulation of the court, especially after significant reliance and expenditure by the other party.
• United States v. Chinburg
  224 F.2d 177· 10th Cir.· 1955-06-29
  Improvements on land held in trust by the United States for an Indian ward are not subject to state mechanics' lien laws and cannot be sold to satisfy such liens.
• Donald W. Bower, Inc. v. Frank
  219 F.2d 509· D.C. Cir.· 1955-02-08
  The court held that the subcontractor, having voluntarily released its lien in exchange for a postdated check, became an unsecured general creditor and could not establish a constructive trust against the bankrupt estate.
• Branch v. McGLYNN
  65 So. 2d 32· Fla.· 1953-05-08
  In this mechanics' lien case, the Florida Supreme Court reversed a motion to dismiss and held that a contractor who performed demolition and salvage work on property owned as an estate by the entireties could establish a valid mechanics' lien without providing notice to the non-o
• Harris v. Bayshore Court, Inc.
  1 Fla. Supp. 20· Dade Cty. Cir. Ct.· 1951-05-29
  A defendant waives a challenge to personal jurisdiction by pleading and going to trial on the merits after the challenge is denied. A contractor's sworn statement is not a condition precedent to acquiring a lien, but rather protects the owner from double payment.
• Schleiff v. Bennitt
  175 F.2d 890· 8th Cir.· 1949-07-21
  The court held that the lessor waived her right to assert a secured claim for improvements made by the tenant, as she failed to utilize available protections and waived strict performance of the lease covenants.
• Liles v. Peiser
  173 F.2d 882· 6th Cir.· 1949-04-11
  The court held that Tennessee mechanics' and furnishers' lien statutes do not grant a lien on machinery owned by a lessee and temporarily placed on leased property, especially when the leasehold is not for a term of years. The court also affirmed the disallowance of overtime char
• Zipkin v. Invs. Syndicate
  152 F.2d 678· D.C. Cir.· 1945-12-24
  The court held that the sureties were liable for losses caused by the principal's failure to complete construction and discharge liens within the bond periods, and that the trial court properly instructed the jury on damages and rejected certain defenses.
• Merrill v. B. R. Acker Co., Inc.
  142 F.2d 102· D.C. Cir.· 1944-04-28
  The court held that advance payments made by owners to a general contractor do not defeat subcontractors' liens unless the owners acted in bad faith to avoid those liens.
• Connelly v. Cama Mortg. Co
  143 Fla. 629· Fla.· 1940-07-05
  Cama Mortgage Company sought to foreclose a construction mortgage on property owned by Elizabeth Brachten. The defendant contractor L. H. Connelly counterclaimed for a mechanic's and laborer's lien. The trial court struck Connelly's amended answer and counterclaim, and the Florid
• G. & L. Roofing Co. v. Augusta E. Thoma
  143 Fla. 222· Fla.· 1940-05-24
  This case involves a dispute over a construction contract between Augusta E. Thoma and Gustav Weber/Modern Manors, Inc. for building a home in Miami, Florida. The central issue is whether Thoma agreed to a fixed-price contract of $9,840 for construction, fills, and landscaping, o
• Am. Welding & Tank Co. v. DeSoto Brewing Co.
  127 Fla. 319· Fla.· 1936-12-11
  The court decided whether a state court could proceed with a writ of error to decide a materialman's lien case, despite federal bankruptcy proceedings. The court held that the state court retains jurisdiction to adjudicate the lien claim.
• Haimovitz v. Wm. Hector
  79 Fla. 28· Fla.· 1920-01-21
  The Florida Supreme Court upheld an injunction preventing the sale of homestead real estate based on a judgment from a justice of the peace for a mechanic's lien. The Court held that justices of the peace lack authority to adjudicate liens on homestead real estate, and recording
• Howard v. Moore
  20 Fla. 163· Fla.· 1883-06-01
  The Florida Supreme Court held that laborers employed by a sub-contractor on a railroad construction project have no statutory lien against the railroad company under Florida's mechanic's lien statute, absent direct privity of contract between the laborers and the company or cont