Mechanic'S Lien

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

• The Van Eepoel Real Est. Co. v. The Sarasota Milk Co.
  100 Fla. 456· Fla.· 1930-09-03 ·cited 29×
  The court reversed the chancellor's decree, holding that the mortgage lien of the Tampa Stock Farms Dairy Company was superior to the materialman's lien of the Armstrong Cork and Insulation Company. The court reasoned that the mortgage was not a legal mortgage until the corporate
• Hegeman-Harris Co., Inc. v. ALL State Pipe Supply Co., Inc.
  400 So. 2d 1245· Fla. 5th DCA· 1981-06-10 ·cited 28×
  The court held that a mechanics' lienor suing on a payment bond cannot recover attorney's fees exceeding 12.5% of recovery due to the application of section 627.756, Florida Statutes.
• Eastland Inv. Co. v. J. R. Trueman & Assocs., Inc.
  305 So. 2d 777· Fla.· 1974-10-30 ·cited 28×
  Florida Supreme Court discharged a conflict certiorari petition after determining no actual conflict of decisions existed regarding mechanic's lien affidavit requirements for architects and contractors.
• Falcon Pitts and Mike McKinley v. Erichc Ahlswede and Adeline M. Ahlswede
  139 So. 2d 159· Fla. 1st DCA· 1962-03-27 ·cited 28×
  A contractor who abandons a contract due to their own fault or without sufficient excuse forfeits the right to a mechanics' lien.
• TOM Joyce Realty Corp. v. Popkin
  111 So. 2d 707· Fla. 3d DCA· 1959-05-05 ·cited 28×
  Tom Joyce Realty Corp. appeals a mechanic's lien foreclosure brought by contractor H. Popkin & Son for improvements made to leased premises. The court reversed the foreclosure, holding that a contractor cannot obtain a lien against a lessor's interest merely by performing work fo
• McCarthy v. Havis & Perry
  23 Fla. 508· Fla.· 1887-06-01 ·cited 28×
  McCarthy appealed a judgment awarding Havis & Perry $11.32 plus costs and attorney's fees for work and materials furnished in constructing buildings on his property. The Florida Supreme Court held that an 1885 mechanics' lien statute did not apply retrospectively to work performe
• Henry M. Butler, Inc. v. Trizec Props., Inc.
  524 So. 2d 710· Fla. 2d DCA· 1988-05-04 ·cited 27×
  The court held that a material issue of fact exists regarding whether the landlords were unjustly enriched by the improvements made by the contractor, precluding summary judgment on that claim.
• Anderson v. Sokolik
  88 So. 2d 511· Fla.· 1956-05-23 ·cited 27×
  The Florida Supreme Court reversed a trial court's decree that denied mechanics' liens and materialmen's claims against a leasehold interest that was subsequently foreclosed. The court held that even though the lease contained no express requirement to build, the parties clearly
• Kirby H. Smith v. Rhees D. Gauby and David W. Brown
  43 Fla. 142· Fla.· 1901-01-01 ·cited 27×
  The Florida Supreme Court reversed a decree foreclosing a mechanics lien against property owned by a married woman, holding that mechanics lien laws did not apply to the separate statutory property of married women and that a good-faith purchaser's title was superior to the mater
• Thrasher v. Doig & Geiger
  18 Fla. 809· Fla.· 1882-01-01 ·cited 27×
  In this 1882 Florida Supreme Court case, materialmen Doig & Geiger sought to charge real property with a lien for lumber used in constructing a house, claiming Thrasher had promised payment. The court reversed the decree because Thrasher held title as trustee for his wife and chi
• Carr v. Dean Steel Bldgs., Inc.
  619 So. 2d 392· Fla. 1st DCA· 1993-05-28 ·cited 26×
  The court held that dismissal of the cause of action without notice or a hearing, for failure to comply with a court order, was too harsh a sanction at that stage of the proceedings.
• Sarasota Commercial Refrigeration & AIR Conditioning, Inc. v. Schooley
  381 So. 2d 1141· Fla. 2d DCA· 1980-02-15 ·cited 26×
  Subcontractors and materialmen who furnished labor and materials for a construction project appealed a summary judgment dismissing their mechanics' lien claims against property owners for failure to timely serve notice to owners. The court reversed, holding that the amended mecha
• Brown v. First Fed. Sav. & Loan Ass'n OF NEW Smyrna
  160 So. 2d 556· Fla. 1st DCA· 1964-01-28 ·cited 26×
  Brown and his wife sued to foreclose a mechanics' lien against property owner Masterbilt Contractors, Inc. and junior lienholders for failure to pay for plumbing materials and installation. The court affirmed dismissal of the complaint for failure to allege compliance with the sw
• Geiser v. Permacrete, Inc.
  90 So. 2d 610· Fla.· 1956-11-07 ·cited 26×
  The Florida Supreme Court held that mechanics' liens under Chapter 84, F.S.A., relate back to the date of first visible commencement of operations on a property, taking priority over a mortgage recorded after that date even if the specific materialmen began supplying materials af
• Surf Props., Inc. v. Markowitz Bros., Inc.
  75 So. 2d 298· Fla.· 1954-10-26 ·cited 26×
  Surf Properties sought to enforce a general contractor's lien against Markowitz Bros. for allegedly specially fabricated materials ordered for a swimming pool project that was never constructed due to the defendant's cancellation. The Florida Supreme Court reversed the lower cour
• In re Taylorcraft Aviation Corp. United States v. Martin Fireproofing Corp.
  168 F.2d 808· 6th Cir.· 1948-06-01 ·cited 26×
  A mechanic's lien, effective under state law from the date of first labor or material, is prior to a federal tax lien perfected later, even in bankruptcy proceedings.
• Tucker v. Prevatt Builders, Inc.
  116 So. 2d 437· Fla. 1st DCA· 1959-12-15 ·cited 25×
  A contractor sought to establish an equitable lien against real property to secure payment for construction work performed on a subdivision. The trial court dismissed the complaint, but the appellate court reversed, holding that the complaint adequately stated a cause of action f
• Cont'l Concrete, Inc. v. Lakes AT LA PAZ III Ltd. P'ship
  758 So. 2d 1214· Fla. 4th DCA· 2000-05-17 ·cited 24×
  Continental Concrete sought to foreclose on a construction lien against a property owner (La Paz) for concrete materials supplied as a subcontractor. The court affirmed summary judgment for La Paz, holding that a property owner acting in good faith and fulfilling all legal duties
• Morganti S., Inc. v. Hardy Contractors, Inc.
  397 So. 2d 378· Fla. 4th DCA· 1981-04-15 ·cited 24×
  Morganti South, a general contractor, appealed a trial court's denial of a venue transfer in a mechanic's lien action. The court held that under Florida Statutes Section 713.24(3), suits to recover on a payment bond in lieu of a mechanic's lien must be brought in the county where
• Sanfilippo v. Larry Giacin Tile Co., Inc.
  390 So. 2d 413· Fla. 4th DCA· 1980-11-12 ·cited 24×
  Sanfilippo appeals the trial court's denial of attorney's fees in an action where he prevailed against Giacin Tile Co.'s attempt to enforce a mechanic's lien. The court holds that Section 713.29, Florida Statutes, mandatorily requires awarding reasonable attorney's fees to the pr
• Gardner & N. Roofing & Siding Corp. v. Bd. of Governors of the Fed. Reserve Sys.
  464 F.2d 838· D.C. Cir.· 1972-07-14 ·cited 24×
  The Federal Reserve Board's regulation defining 'security interest' to include liens arising by operation of law under the Truth in Lending Act is valid.
• Am. Motor Inns OF Fla., Inc. v. Bell Elec. Co.
  260 So. 2d 276· Fla. 4th DCA· 1972-04-07 ·cited 24×
  The court held that a lien may be allowed if there has been substantial performance, and the owner must specify disallowed items to challenge an award as excessive.
• John T. Wood Homes, Inc. v. AIR Control Prods., Inc.
  177 So. 2d 709· Fla. 1st DCA· 1965-06-29 ·cited 24×
  A Florida homebuilder appealed a summary judgment awarding a mechanic's lien to an unpaid subcontractor, arguing that the owner should be permitted to reduce the contract price by completion costs and prorate remaining funds among lienors without filing a statutory notice of aban
• Phoenix Indem. Co. v. Bd. OF Pub. Instruction OF Alachua Cnty.
  114 So. 2d 478· Fla. 1st DCA· 1959-09-24 ·cited 24×
  Phoenix Indemnity Company, as surety on a performance bond for a public works contract, appeals a judgment requiring it to pay unpaid insurance premiums owed by the contractor. The court holds that insurance premiums are covered by the bond because the contract required the contr
• Nelson v. Seaboard Sur. Co.
  269 F.2d 882· 8th Cir.· 1959-09-03 ·cited 24×
  The court held that while a partnership existed between H&R Construction and Investment Company, Seaboard Surety Company, with knowledge of this partnership, elected to deal solely with H&R Construction, thereby waiving its right to seek recovery from the Nelsons (Investment Comp
• Kimbrell v. Fink
  78 So. 2d 96· Fla.· 1955-02-16 ·cited 24×
  The Florida Supreme Court reversed a foreclosure decree against property owners where a construction company sought an equitable lien for improvements made by the homeowners' daughter and her husband. The court held that the construction company's remedy was exclusively under the
• Curtiss-Bright Ranch Co. v. Selden Cypress Door Co.
  91 Fla. 354· Fla.· 1926-02-26 ·cited 24×
  Curtiss-Bright Ranch Company sought to quiet title to property encumbered by mechanic's liens filed by materialmen and laborers who supplied work and materials to a contractor who abandoned construction. The Florida Supreme Court held that mechanics' lienholders could recover onl
• Nat'l Gypsum Co. v. Travelers Indem. Co.
  417 So. 2d 254· Fla.· 1982-07-08 ·cited 23×
  The Florida Supreme Court reviewed a case where a materialman sued a surety for payment after the contractor defaulted. The court held that strict compliance with the bond's notice provision was required, rejecting the argument that the surety must show prejudice from the lack of
• Trushin v. Brown
  132 So. 2d 357· Fla. 3d DCA· 1961-08-03 ·cited 23×
  In this mechanic's lien foreclosure case, the Florida District Court of Appeal held that strict compliance with statutory requirements is mandatory for mechanic's liens. The court reversed the trial court's denial of a motion to dismiss because the lienor failed to file a notice
• Lovingood v. Butler Constr. Co.
  100 Fla. 1252· Fla.· 1930-11-15 ·cited 23×
  The Florida Supreme Court reversed a lower court decree denying foreclosure of a mortgage and granting a mechanic's lien to a construction company. The Court held that the construction company was not entitled to a mechanic's lien because it neither performed labor nor furnished
• O'Neil v. Percival
  25 Fla. 118· Fla.· 1889-01-01 ·cited 23×
  This case concerns whether a married woman's separate real estate can be subjected to payment for materials furnished for its improvement. The court held that it could, based on prior state precedent establishing that a wife can charge her legal estate for debts incurred for the
• ZAC Smith & Co., Inc. v. Moonspinner Condo. Ass'n, Inc.
  534 So. 2d 739· Fla. 1st DCA· 1988-11-02 ·cited 22×
  A construction contractor and its insurer appealed a trial court's award of attorney fees and costs against them following confirmation of an arbitration award favoring a condominium association. The court held that attorney fees were properly awardable under insurance code provi
• Torres v. Rebarchak
  814 F.2d 1219· 7th Cir.· 1987-03-23 ·cited 22×
  The court held that the plaintiff's equitable claims were barred by res judicata due to the state court's dismissal with prejudice, but her damage claims were not barred by the rule against claim splitting because the state court had expressly dismissed them without prejudice.
• Viking Cmtys. Corp. v. Peeler Constr. Co. & Star Constr. Co. of Ft. Pierce, Inc.
  367 So. 2d 737· Fla. 4th DCA· 1979-02-21 ·cited 22×
  Viking Communities appeals a judgment awarding Star Construction full damages under quantum meruit theory despite finding Star breached a construction contract. The court reverses, holding that a contractor who substantially performs a construction contract is entitled to a mecha
• United States v. Zac A. Crittenden, Jr.
  563 F.2d 678· 5th Cir.· 1977-11-21 ·cited 22×
  The court held that federal law governs the perfection and priority of FHA security interests, and under a federal rule guided by UCC principles, a mechanic's lien for repairs made during the last continuous possession has priority over the FHA's perfected security interest.
• United States v. H. R. Morgan, Inc.
  542 F.2d 262· 5th Cir.· 1976-11-12 ·cited 22×
  The court held that the district court had jurisdiction under 28 U.S.C. § 1352, that the payment bond covered equipment rentals and repairs, and that the Miller Act statute of limitations and notice requirements did not apply. However, the award of attorneys' fees was improper.
• Burack v. The United States
  461 F.2d 1282· Ct. Cl.· 1972-06-16 ·cited 22×
  A corporate officer who has the responsibility and authority to avoid the default of paying over withheld taxes, and who voluntarily, consciously, and intentionally fails to do so, is liable for the unpaid taxes, even if the failure was not motivated by an intent to defraud.
• Stancil v. Gardner
  192 So. 2d 340· Fla. 2d DCA· 1966-11-23 ·cited 22×
  A subcontractor with no privity with a property owner sought to enforce a mechanic's lien against the owner, but failed to provide notice to the owner as required by Florida statute. The court held that statutory notice is a prerequisite to perfecting a mechanic's lien, and the o
• 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
• Dell v. Marvin
  41 Fla. 221· Fla.· 1899-01-01 ·cited 22×
  The Florida Supreme Court reversed a circuit court judgment that declared unconstitutional a provision of the 1887 Mechanics' Lien Act allowing attorney fees to successful plaintiffs. The court held that the statute's authorization of attorney fees for enforcing mechanics' liens
• Dracon Constr., Inc. v. Facility Constr. Mgmt., Inc.
  828 So. 2d 1069· Fla. 4th DCA· 2002-10-23 ·cited 21×
  The court held that a lienor must strictly comply with the twenty-day time limit in section 713.21(4) to show cause or commence an enforcement action, and a late filing or motion for extension is insufficient.
• Uwanawich v. Gaudini
  334 So. 2d 116· Fla. 3d DCA· 1976-04-27 ·cited 21×
  The court held that the trial judge did not err in allowing acceleration of the mortgage debt, denying reformation of the default clause, or awarding attorney's fees.
• Stockslager v. Daly Aluminum Prods., Inc.
  246 So. 2d 97· Fla.· 1971-03-31 ·cited 21×
  The Florida Supreme Court held that when a deadline under the Mechanic's Lien Law falls on Sunday, the deadline is extended to the next business day. The Court declined to require performance of procedural acts on Sunday when the statute is silent on time computation, harmonizing
• RAY v. Dock & Marine Constr., Inc.
  183 So. 2d 237· Fla. 3d DCA· 1966-01-25 ·cited 21×
  The court held that the trial court correctly awarded a mechanics lien and partial damages, as both parties contributed to the incomplete performance of the contract.
• Mass. Bonding & Ins. Co. v. Farris Bryant
  175 So. 2d 88· Fla. 1st DCA· 1965-05-04 ·cited 21×
  Massachusetts Bonding & Insurance Company appeals a summary judgment in favor of American Oil Company on a performance bond for unpaid asphalt materials delivered to a road construction contractor. The court affirms, holding that the one-year statute of limitations in Section 255
• United States v. Bond
  279 F.2d 837· 4th Cir.· 1960-05-31 ·cited 21×
  The statute preferring mortgagees over federal tax liens should be interpreted to include expenses and accruing interest, not just the principal debt.
• C. I. T. Corp. v. Brewer
  146 Fla. 247· Fla.· 1941-02-25 ·cited 21×
  C.I.T. Corporation, holder of a conditional sales contract on an automobile, appeals a judgment for damages awarded to J.B. Brewer for assault and battery committed by C.I.T.'s repossession agent. The Florida Supreme Court affirmed, holding that an attempt to repossess property i
• Pierson v. Reinhardt
  133 So. 553· Fla.· 1931-04-04 ·cited 21×
  This case clarifies that a contractor furnishing labor and materials to a married woman's separate property with her knowledge and consent does not need to file a "notice of lien" to enforce payment against her property. The court held that the constitutional provision creating t
• C.H. Sanders Co., Inc. v. Bhap Hous. Dev. Fund Co., Inc.
  903 F.2d 114· 2d Cir.· 1990-05-08 ·cited 20×
  The court held that the district court possessed federal question jurisdiction over Sanders' claim for enforcement of an arbitration award against HUD, and that HUD had waived sovereign immunity. The court also affirmed the district court's decision allowing Sanders to foreclose
• Chrysler Corp. v. Fedders Corp.
  670 F.2d 1316· 3d Cir.· 1982-01-25 ·cited 20×
  The filing of a lis pendens under the New Jersey statute does not constitute a "taking" of property without due process of law, as it does not deprive the owner of possession or use and merely provides notice of an existing claim.