Mechanic'S Lien

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

• Morgan v. Haywood Goodwin
  355 So. 2d 217· Fla. 1st DCA· 1978-02-24 ·cited 20×
  A subcontractor who performed work on a land-clearing project sought a mechanic's lien and equitable lien against the property owners and a surety bond after the general contractor failed to pay him. The court held that because the subcontractor furnished materials and equipment
• McCLAIN Constr. Corp. v. Roberts
  351 So. 2d 399· Fla. 2d DCA· 1977-11-04 ·cited 20×
  McCLain Construction appealed the trial court's order reducing a surety bond securing its mechanic's lien foreclosure claim. The trial court had granted partial summary judgment dismissing one mechanic's lien count and reduced the bond accordingly, but the appellate court reverse
• W. T. Jones & Co. v. Foodco Realty, Inc.
  318 F.2d 881· 4th Cir.· 1963-05-21 ·cited 20×
  The federal insolvency statute (31 U.S.C. § 191) grants the United States absolute priority over mechanic's liens when a debtor is insolvent and has committed an act of bankruptcy, overriding state law and the common law 'first in time, first in right' principle. However, this pr
• Jaffe v. Endure-A-Life Time Awning Sales, Inc.
  98 So. 2d 77· Fla.· 1957-11-06 ·cited 20×
  A buyer refused to pay for an installed awning, claiming it was not what he bargained for, but the court found the installation met the contract's specifications for dimensions and type.
• ALL State Pipe Supply Co., Inc. v. McNAIR
  89 So. 2d 774· Fla.· 1956-09-12 ·cited 20×
  All State Pipe Supply seeks to foreclose a mechanic's lien against property owners who paid their contractor in full without obtaining the required sworn statement. The Florida Supreme Court held that a materialman's failure to provide a cautionary notice does not bar enforcement
• The United States v. White Bear Brewing Co., Inc.
  227 F.2d 359· 7th Cir.· 1955-11-18 ·cited 20×
  The court held that the mechanic's lien had priority over the federal tax lien because it was filed and foreclosure proceedings were commenced before the federal tax lien arose.
• Tremont Co. v. Paasche
  81 So. 2d 489· Fla.· 1955-06-17 ·cited 20×
  Tremont Company appeals a decree foreclosing mechanic's liens on motor cottage property. The court held that where a vendor contract expressly requires a vendee to construct improvements, mechanic's liens attach to both the vendor's and vendee's interests, even though the vendor'
• United States v. Griffin-Moore Lumber Co., Inc
  62 So. 2d 589· Fla.· 1953-01-13 ·cited 20×
  Griffin-Moore Lumber Company held a mechanic's lien on property for materials furnished to construct a building. The United States filed tax liens against the property owner after the mechanic's lien was recorded but before the foreclosure suit was brought. The Florida Supreme Co
• Stunkel v. Gazebo Landscaping Design, Inc.
  660 So. 2d 623· Fla.· 1995-05-11 ·cited 19×
  The Florida Supreme Court answered a certified question of great public importance regarding when a subcontractor begins to furnish services for purposes of the mechanic's lien notice requirement under Florida Statute § 713.06(2)(a). The Court held that the 45-day notice period b
• Holywell Corp. v. Bank of N.Y.
  59 B.R. 340· S.D. Fla.· 1986-03-20 ·cited 19×
  The court affirmed the bankruptcy court's orders approving substantive consolidation and confirming the plan of reorganization, finding no reversible error.
• ART Berman Concrete, Inc. v. SEY Constr. Corp.
  247 So. 2d 791· Fla. 3d DCA· 1971-05-18 ·cited 19×
  Art Berman Concrete appeals the dismissal of its mechanic's lien foreclosure complaint. The court addresses whether F.S. § 713.06(3)(d)1 requires sub-contractors to provide notice of unpaid lienors to the owner as a prerequisite to enforcing a mechanic's lien. The court holds tha
• Dewing v. Davis
  117 So. 2d 747· Fla. 2d DCA· 1960-02-05 ·cited 19×
  Davis, a professional grove caretaker, performed labor improving a citrus grove owned by Arthur S. Dewing. The court upheld an equitable lien on the property for Davis's unpaid services, finding that Dewing permitted and benefited from the work, though the court reversed the port
• Broderick v. Overhead Door Co. OF Fort Lauderdale, Inc.
  117 So. 2d 240· Fla. 2d DCA· 1959-12-30 ·cited 19×
  Property owners appealed a mechanics' lien judgment awarding funds to a general contractor and subcontractors. The court affirmed awards to the subcontractors (Giffen Industries and Overhead Door Company) but reversed the award to the general contractor, holding that he could not
• Beulah Rose Nelson v. Stockton Mortg. Co.
  100 Fla. 1191· Fla.· 1930-11-12 ·cited 19×
  Stockton Mortgage Company sought to foreclose a mortgage on R.W. Weaver's homestead executed in June 1926, but Weaver died days later in July 1926. The defendants pleaded that no money was ever advanced to Weaver during his lifetime, making the mortgage void for lack of considera
• Schabert v. Montaltos
  445 So. 2d 1136· Fla. 2d DCA· 1984-03-02 ·cited 18×
  Contractors Schabert and Crews appealed a judgment awarding them $7,803.90 in breach of contract damages against homeowners Montaltos, challenging the trial court's denial of a mechanics' lien, rejection of extras claims, and award of attorney's fees to the homeowners. The court
• Federated Stores Realty, Inc. v. The Honorable Miette K. Burnstein
  392 So. 2d 573· Fla. 4th DCA· 1980-11-05 ·cited 18×
  This case concerns whether a stipulation extending the time to respond to a "show cause" order in a mechanics' lien proceeding is valid, or if the statutory 20-day period is mandatory and jurisdictional. The court held that such stipulations are valid and not jurisdictional, mean
• Rudisell v. The Fifth Third Bank
  622 F.2d 243· 6th Cir.· 1980-05-20 ·cited 18×
  The court held that a potential mechanic's lien constitutes a security interest under TILA, requiring disclosure, and that the right to rescind is not barred by the statute of limitations for damages. However, rescission is conditioned on the debtor returning the reasonable value
• Tuttle/White Constructors, Inc. v. Hughes Supply, Inc.
  371 So. 2d 559· Fla. 4th DCA· 1979-05-31 ·cited 18×
  Tuttle/White Constructors and its surety appealed a judgment awarding Hughes Supply payment for materials supplied to a subcontractor on a construction project. The court reversed and remanded, holding that while Hughes failed to give timely notice for priority lien status, it st
• Winnie v. Buckhalter
  362 So. 2d 1014· Fla. 1st DCA· 1978-10-03 ·cited 18×
  In a mechanics' lien foreclosure case with counterclaim, the trial court denied attorney's fees to both parties. The appellate court reversed, holding that the defendant who successfully resisted the lien foreclosure was the prevailing party entitled to recover reasonable attorne
• Morgen-Oswood & Assocs. v. Cont'l Mortg. Invs.
  323 So. 2d 684· Fla. 4th DCA· 1975-12-05 ·cited 18×
  A general contractor sought an equitable lien on undisbursed construction loan funds after the owner breached a construction loan agreement and the lender refused to disburse the final payment due. The court held that the contractor was entitled to an equitable lien on the specif
• Vance D. Bishop and Joseph F. Putnam v. James A. Knowles, Inc.
  292 So. 2d 415· Fla. 2d DCA· 1974-03-29 ·cited 18×
  A subcontractor (Nunamaker) sued its contractor (Knowles) for payment and sought to impose a mechanics' lien on the owners' (Trustees') land. The court held that Nunamaker's failure to timely serve notice of intent to claim a lien on the owners precluded the lien, even though one
• The T. H. Rogers Lumber Co. v. Apel
  468 F.2d 14· 10th Cir.· 1972-10-16 ·cited 18×
  The court held that the federal "first in time, first in right" rule, requiring choateness, governs the priority of liens when the United States is involved, and state law cannot subordinate a federal lien by allowing subsequently filed mechanics' liens to relate back.
• Victor Gruen Assocs., Inc. v. Glass
  338 F.2d 826· 9th Cir.· 1964-11-17 ·cited 18×
  The court held that marshaling of assets should not be ordered if it entails a risk of loss to the senior creditor, even if the loss is not certain.
• Wood v. Black
  60 So. 2d 15· Fla.· 1952-07-15 ·cited 18×
  The Supreme Court of Florida held that a contractor who failed to obtain a required city license could still recover the reasonable value of labor and materials furnished on a quantum meruit basis, even though the contract was terminated. The court reversed a lower court's dismis
• Lehigh Structural Steel Co. v. Langner
  43 So.2d 335· Fla.· 1949-11-01 ·cited 18×
  This case concerns whether a materialman can claim a lien on real property for specially fabricated steel that was not delivered to the construction site, but stored elsewhere, awaiting shipping instructions from the general contractor. The court held that such a lien could not b
• Roger Homes Corp. v. Persant Constr. Co.
  637 So. 2d 5· Fla. 3d DCA· 1994-05-03 ·cited 17×
  The court held that a lis pendens cannot be based on an unsecured promissory note or an equitable lien claim that is not founded upon a duly recorded instrument.
• Matrix Constr. Corp. v. Mecca Constr., Inc.
  578 So. 2d 388· Fla. 3d DCA· 1991-04-16 ·cited 17×
  The trial court erred by abating a mechanic's lien action and granting additional time to retain counsel, as the statutory time limits for showing cause were not met.
• Kelleran v. Slavko Andrijevic
  825 F.2d 692· 2d Cir.· 1987-08-04 ·cited 17×
  Bankruptcy courts must give preclusive effect to state court default judgments unless specific exceptions like fraud or lack of jurisdiction apply, and cannot disregard them based on perceived lack of merit.
• Haws & Garrett Gen. Contractors v. Panhandle Custom Decorators & Supply, Inc.
  500 So. 2d 204· Fla. 1st DCA· 1986-09-16 ·cited 17×
  The court affirmed a lower court's decision to deny a motion to dismiss, holding that a contractual clause selecting a specific county in Texas for all litigation arising from a Florida subcontract was unenforceable. The court found that enforcing the clause would violate strong
• Daly Aluminum Prods., Inc. v. Stockslager
  244 So. 2d 528· Fla. 2d DCA· 1970-12-11 ·cited 17×
  A subcontractor seeks to enforce a mechanic's lien against property owners after the general contractor failed to pay it, despite receiving final payment. The court addresses whether notice to the owner under Florida's mechanic's lien statute becomes effective upon mailing or rec
• The Ceco Corp. v. Burton Goldberg
  219 So. 2d 475· Fla. 3d DCA· 1969-02-25 ·cited 17×
  CECO Corporation, a sub-subcontractor, sued to foreclose a mechanics' lien against property for labor and materials furnished in apartment construction. The trial court dismissed the complaint, holding that Florida's Mechanics' Lien Act does not provide liens to sub-subcontractor
• Oper v. Russell, Inc.
  197 So. 2d 13· Fla. 3d DCA· 1967-03-28 ·cited 17×
  A contractor must provide the owner with a sworn affidavit stating all lienors have been paid before filing suit to enforce a mechanic's lien.
• O'Neil v. Alexander K. Percival et ux.
  20 Fla. 937· Fla.· 1884-06-01 ·cited 17×
  This case examines whether a married woman's separate statutory property can be subjected to a mechanic's lien for materials furnished in building on her land. The court held that the mechanic's lien statute did not grant married women the power to enter into contracts that would
• THE Florida BAR v. Brown
  905 So. 2d 76· Fla.· 2005-06-09 ·cited 16×
  The Florida Bar disciplined attorney Daryl James Brown for ethical violations arising from his conduct as president of a real estate development corporation that engaged in 'double pledging' of a certificate of deposit. Brown represented to a surety company that the CD would serv
• The AETNA Cas. & Sur. Co. v. The United States
  655 F.2d 1047· Ct. Cl.· 1981-06-17 ·cited 16×
  The court held that plaintiffs were not entitled to monetary relief from general Treasury funds under the Tucker Act, but HUD might be liable from separate funds.
• Pankow Constr. Co. v. Advance Mortg. Corp.
  618 F.2d 611· 9th Cir.· 1980-05-13 ·cited 16×
  The court held that California Civil Code § 3264 bars a contractor's claims for equitable lien and third-party beneficiary status against a mortgage lender, and that state law governs other claims like inducing breach of contract and unjust enrichment.
• Safer v. Perper
  569 F.2d 87· D.C. Cir.· 1977-11-30 ·cited 16×
  The court held that Joint Venture and Chevy Chase were not third-party beneficiaries of the construction contract, but that Limited Partnership was a successor-in-interest to Winthrop and could sue for breach of contract.
• The Leader Mortg. Co. v. Rickards Elec. Serv., Inc.
  348 So. 2d 1202· Fla. 4th DCA· 1977-07-22 ·cited 16×
  Leader Mortgage Company appealed a judgment foreclosing a mechanic's lien filed by Rickards Electric Service. The court affirmed the money judgment against Leader and co-defendant Bruscino Construction Company but reversed the portion imposing a lien on real estate owned by third
• John S. Hamilton et ux. v. Largo Paint & Decorating Inc.
  335 So. 2d 623· Fla. 2d DCA· 1976-07-28 ·cited 16×
  Hamilton appeals the trial court's denial of their motion to dismiss a mechanic's lien foreclosure action as time-barred. The court held that a prior dismissal for lack of prosecution did not toll the one-year statute of limitations for filing a lien foreclosure suit, and therefo
• Jack Stilson & Co. v. Caloosa Bayview Corp.
  278 So. 2d 282· Fla.· 1973-05-23 ·cited 16×
  The Florida Supreme Court resolved a certified question of great public interest concerning whether filing an amended mechanics' lien tolls the 60-day deadline to file suit under Florida's lien statute. The Court held that amendments do not toll the statutory time period, and a l
• George J. Motz Constr. Corp. v. Coral Pines, Inc.
  232 So. 2d 441· Fla. 4th DCA· 1970-03-13 ·cited 16×
  Motz Construction Corp. appealed a judgment dismissing its mechanic's lien foreclosure action where the lien claim was filed under the individual name 'George J. Motz' rather than the corporate name 'George J. Motz Construction Corp.' The court reversed, holding that substantial
• J. J. Henry Co., Inc. v. The United States
  411 F.2d 1246· Ct. Cl.· 1969-06-20 ·cited 16×
  The court held that the plaintiff's claims for Fifth Amendment 'taking' of plans and for equitable lien against retained funds were without merit.
• H. B. Agsten & Sons, Inc. v. Huntington Tr. & Sav. Bank
  388 F.2d 156· 4th Cir.· 1967-12-04 ·cited 16×
  The court joined the majority opinion, acknowledging Supreme Court precedent that subordinates mechanic's liens to federal claims, despite state law priorities.
• Morris & Esher, Inc. v. Olympia Enters., Inc.
  200 So. 2d 579· Fla. 3d DCA· 1967-06-13 ·cited 16×
  Morris and Esher, a general contractor, sought to foreclose a mechanics' lien that included amounts owed to unpaid subcontractors. The court reversed in part and affirmed in part, holding that a general contractor may include unpaid subcontractor claims in a lien foreclosure comp
• The First Nat'l Bank OF Fort Smith v. Mattingly
  312 F.2d 603· 10th Cir.· 1962-12-21 ·cited 16×
  The court held that the trial court erred by failing to make specific findings of fact as required by Rule 52(a) when the facts were disputed and unclear.
• Sw. Engine Co. v. United States
  275 F.2d 106· 10th Cir.· 1960-01-23 ·cited 16×
  The court held that the SBA's chattel mortgage had priority over the mechanic's lien because federal law governs, and the mortgage did not contain language implying authorization for repairs.
• Dills v. Tomoka Land Co.
  108 So. 2d 896· Fla. 1st DCA· 1959-02-17 ·cited 16×
  A bulldozer operator sought to foreclose a mechanics' lien against a land company for clearing work performed on leased property. The court affirmed the dismissal, holding that the lien statute did not apply because the lease did not require the lessee to perform the clearing wor
• Greenblatt v. Goldin
  94 So. 2d 355· Fla.· 1957-04-10 ·cited 16×
  The Florida Supreme Court struck down a statute (Chapter 28243, Acts of 1953) that required owners of construction contracts worth $3,000 or more to either obtain a performance bond or withhold 20% of payments, and that imposed personal liability and liens for all outstanding con
• Wood v. Wilson
  84 So. 2d 32· Fla.· 1955-12-14 ·cited 16×
  Wood appeals a dismissal of his complaint seeking declaration of a mechanic's lien for labor and materials furnished to improve Wilson's homestead property. The Florida Supreme Court affirmed the dismissal, holding that an action to enforce a materialman's lien must comply with s
• United States v. Kings Cnty. Iron Works, Inc.
  224 F.2d 232· 2d Cir.· 1955-06-29 ·cited 16×
  A state-created trust fund for subcontractors does not divest the contractor of property interest for federal tax purposes, and the mechanic's lien is inchoate until perfected by legal action.