Mechanic'S Lien

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

• In re Braker. Hyde Park Lumber Co. v. W. Norwood Bldg. & Loan Co.
  127 F.2d 652· 6th Cir.· 1942-04-16 ·cited 16×
  A mortgage recorded after construction began, without a covenant authorizing the mortgagee to pay laborers and materialmen, does not entitle the mortgagee to share equally with mechanic's lien claimants in bankruptcy proceeds.
• Mullikin v. Harrison
  53 Fla. 255· Fla.· 1907-01-01 ·cited 16×
  Mechanics lien case where subcontractors sued the building owner R.K. Mullikin for unpaid labor and materials. The Florida Supreme Court reversed the judgment, holding that subcontractors without direct privity to the owner must serve written notice on the owner and can only enfo
• K.P. Meiring Constr., Inc. v. Northbay I & E, Inc.
  761 So. 2d 1221· Fla. 2d DCA· 2000-06-30 ·cited 15×
  A Florida appellate court reversed a trial court's denial of a motion to stay litigation pending arbitration, holding that a subcontract between a general contractor and subcontractor contained a valid and enforceable mandatory arbitration clause governed by Florida law, despite
• Guin & Hunt, Inc. v. Hughes Supply, Inc.
  335 So. 2d 842· Fla. 4th DCA· 1976-07-02 ·cited 15×
  This case involves a subcontractor seeking payment on a construction bond after the general contractor failed to pay. The court affirmed a summary judgment in favor of the subcontractor, holding that the bond, which purported to protect against mechanics' liens, must be construed
• Fla. Steel Corp. v. A. G. Spanos Enters., Inc.
  332 So. 2d 663· Fla. 2d DCA· 1976-06-02 ·cited 15×
  Florida Steel Corporation sought to garnish judgment proceeds owed to a contractor defendant pending appeal of an unliquidated contract judgment. The court held that while a superseded judgment cannot be garnished during appeal, garnishment proceedings should be stayed rather tha
• Midway Shopping Mall, Inc. v. Airtech AIR Conditioning, Inc.
  253 So. 2d 900· Fla. 3d DCA· 1971-10-12 ·cited 15×
  The court held that an interlocutory appeal was proper, the counterclaim for fraudulent lien was properly dismissed for lack of particularity, and the landowner was not the prevailing party entitled to attorney's fees.
• The Richard Store Co. v. Fla. Bridge & Iron, Inc.
  77 So. 2d 632· Fla.· 1954-07-19 ·cited 15×
• Hogue v. D. N. Morrison Const. Co.
  115 Fla. 293· Fla.· 1933-06-23 ·cited 15×
  A Virginia corporation foreclosed a mechanic's lien on Florida property for construction work performed while the corporation was not qualified to do business in Florida. The court held that foreign corporations cannot acquire statutory mechanic's liens while illegally doing busi
• Clarkson v. Louderback
  36 Fla. 660· Fla.· 1895-06-01 ·cited 15×
  James L. Clarkson appealed a decree establishing that a mechanic's lien assigned to the appellees took priority over his subsequent mortgage interest on property in Kissimmee, Florida. The Florida Supreme Court affirmed, holding that statutory mechanic's liens are assignable and
• Midcoast Aviation, Inc. v. Gen. Elec. Credit Corp.
  907 F.2d 732· 7th Cir.· 1990-07-24 ·cited 14×
  The court should have instructed the jury on the defendant's theory of the case regarding officious and gratuitous services.
• Fixel Enters., Inc. v. Theis
  524 So. 2d 1015· Fla.· 1988-05-12 ·cited 14×
  The Florida Supreme Court held that the definition of "prevailing party" established in C.U. Associates for mechanics' lien disputes under section 713.29 does not extend to construction contracts. A contractor who recovered less at trial than settlement offers made before trial w
• NCN Elec., Inc. v. Leto
  498 So. 2d 1377· Fla. 2d DCA· 1986-12-23 ·cited 14×
  NCN Electric, the prevailing party in a mechanics lien foreclosure action, appeals the trial court's denial of attorney's fees. The appellate court held that under Florida Statute § 713.29, the award of attorney's fees to the prevailing party is mandatory, and the trial court err
• Flagler Ctr. Bldg. Loan Corp. v. Chem. Realty Corp.
  363 So. 2d 344· Fla. 3d DCA· 1978-06-13 ·cited 14×
  Flagler Center Building Loan Corp. appealed a foreclosure judgment on a $6 million construction loan, challenging the trial court's findings on default and post-judgment orders. The appellate court reversed, finding that Chemical Realty waived the default through its continued fu
• Tamarac Vill., Inc. v. Bates & Daly Co.
  348 So. 2d 23· Fla. 4th DCA· 1977-06-17 ·cited 14×
  The court held that payments made by the owner before recording a notice of commencement and payments made to complete construction without a notice of recommencement were improper, creating a surplus fund from which the lienholder could recover.
• In re Stanndco Developers, Inc. v. George Hoffenberg in Reorganization of Stanndco Developers, Inc.
  534 F.2d 1050· 2d Cir.· 1976-04-26 ·cited 14×
  The court held that a suit to enforce a discharged mechanics' lien against a surety bond does not interfere with a Chapter X bankruptcy reorganization and therefore the bankruptcy court should modify its stay to allow the suit to proceed against the surety.
• Indus. Supply Corp. & Fennell & Assocs., Inc. v. Bricker
  306 So. 2d 133· Fla. 2d DCA· 1975-01-08 ·cited 14×
  Industrial Supply Corporation and Fennell & Associates appeal a foreclosure judgment prioritizing appellees' mortgage over their mechanics' liens. The Florida District Court of Appeal affirmed, holding that the mortgage validly secured future advances under Fla. Stat. § 697.04 an
• H. D. McPHERSON, Inc. v. Metro Elec. OF Orlando, Inc.
  253 So. 2d 878· Fla. 4th DCA· 1971-10-28 ·cited 14×
  The court held that the prevailing party in a mechanics' lien action is entitled to attorney fees, regardless of whether they are the plaintiff or defendant.
• Unkefer v. Condor Merritt et ux.
  207 So. 2d 726· Fla. 4th DCA· 1968-02-28 ·cited 14×
  An architect sought an equitable lien on property owned by defendants after performing architectural services for a club remodeling project. The trial court dismissed the complaint, but the appellate court reversed, holding that the complaint adequately alleged facts supporting a
• Miller v. Duke
  155 So. 2d 627· Fla. 1st DCA· 1963-07-16 ·cited 14×
  The Florida District Court of Appeal resolved a mechanic's lien dispute where a materialman sought to recover the full value of materials supplied to a project that was abandoned before completion, when the owner's contract with the contractor was based on conveyance of real prop
• Curtis et ux. v. McCARDEL
  63 So. 2d 60· Fla.· 1953-02-06 ·cited 14×
  Curtis seeks to avoid mechanic's liens filed by subcontractors and materialmen by arguing that no final payment was due and that the general contractor failed to provide required affidavits without cautionary notices being served. The Florida Supreme Court held that the $1,950 de
• Ramsey v. Hawkins
  78 Fla. 189· Fla.· 1919-07-30 ·cited 14×
  Ramsey, a material supplier, appealed a decree denying his lien claim against property owner Goode despite delivering $934.35 in materials for building construction. The Florida Supreme Court reversed, holding that Ramsey's cautionary notice substantially complied with statutory
• Eddins v. Tweddle
  35 Fla. 107· Fla.· 1895-01-01 ·cited 14×
  A mechanic's lien plaintiff appealed the dismissal of his action against a married woman's property, claiming the statute creating mechanic's liens was unconstitutional as applied to married women's separate statutory property. The Florida Supreme Court affirmed the dismissal on
• Stearns v. Jaudon
  27 Fla. 469· Fla.· 1891-01-01 ·cited 14×
  The Florida Supreme Court affirmed the dissolution of a mechanic's lien attachment, holding that the affidavit filed by Stearns was insufficient because it failed to specify whether the labor was performed in constructing, repairing, or operating the saw mill as required by the m
• 14TH & Heinberg, LLC v. Terhaar & Cronley Gen. Contractors, Inc.
  43 So. 3d 877· Fla. 1st DCA· 2010-09-07 ·cited 13×
  In this unjust enrichment case, the First District Court of Appeal affirmed the trial court's decision to limit damages to the unpaid contract balance rather than the enhanced property value. The court held that because Terhaar, the contractor, contracted with Montgomery Ward (no
• Trintec Constr., Inc. v. Countryside Vill. Condo. Ass'n, Inc.
  992 So. 2d 277· Fla. 3d DCA· 2008-09-03 ·cited 13×
  Trintec Construction sought certiorari to reinstate a recorded mechanic's lien for roof work on a condominium property that was discharged by the trial court. The Third District Court of Appeal granted the writ, holding that a contractor may proceed against a condominium associat
• O'Kon & Co., Inc. v. Riedel
  540 So. 2d 836· Fla. 1st DCA· 1988-12-14 ·cited 13×
  O'Kon and Company, Inc., a Georgia corporation, filed a mechanic's lien for architectural services performed on a Florida hotel project despite lacking Florida registration or certification as required by state law. The court held that O'Kon could not enforce a mechanic's lien un
• Palmer Elec. Servs., Inc. v. Filler
  482 So. 2d 509· Fla. 2d DCA· 1986-01-22 ·cited 13×
  A lienor's failure to respond to a demand for a sworn statement, even without a specific statutory warning, deprives the lienor of its lien rights.
• Blosam Contractors, Inc. v. Joyce
  451 So. 2d 545· Fla. 2d DCA· 1984-06-20 ·cited 13×
  The court held that the sub-subcontractor complied with the forty-five-day notice provision of section 255.05(2), Florida Statutes, because the notice was actually received by the contractor's comptroller, satisfying the statute's purpose.
• Ward v. Miami Lock & Hardware Co.
  119 So. 2d 395· Fla. 3d DCA· 1960-03-23 ·cited 13×
  Ward, the owner of real property, appealed a final decree in consolidated mechanics' and materialmen's lien foreclosure cases. The court affirmed the decree, holding that the failure of subcontractors and materialmen to file cautionary notices does not bar their lien claims, and
• Armstrong v. Blackadar
  118 So. 2d 854· Fla. 2d DCA· 1960-03-04 ·cited 13×
  Claude Armstrong brought a lien foreclosure action against Harry and Olive Blackadar for repairs to fire-damaged property. The trial court dismissed the complaint, finding no statutory lien could attach because John Riggi, who contracted for the repairs, did not own the property
• Nutt v. E. W. Codington et ux
  34 Fla. 77· Fla.· 1894-06-01 ·cited 13×
  In this equity suit, Nutt sought to enforce a mechanic's lien against property owned by Mrs. Codington for plastering work performed in 1886-1887. The Florida Supreme Court affirmed dismissal of the bill, holding that Nutt failed to prove specific items and values of work and mat
• Miracle Ctr. Dev. Corp. v. M.A.D. Constr., Inc.
  662 So. 2d 1288· Fla. 3d DCA· 1995-10-05 ·cited 12×
  Quantum meruit recovery against the property owner is inappropriate when the contractor has already secured a judgment for contract damages against the tenant, and a construction lien against the owner's property is invalid if the lease prohibits it and the improvements are not t
• CASA Linda Tile & Marble Installers, Inc. v. Highlands Place 1981, Ltd.
  642 So. 2d 766· Fla. 4th DCA· 1994-08-10 ·cited 12×
  Casa Linda appealed a judgment denying its mechanic's lien and breach of contract claims against building owner Highlands Place. The appellate court reversed, holding that the trial court failed to determine whether Casa Linda substantially performed the contract, which is essent
• Darel G. Taylor v. T.R. Props.
  603 So. 2d 1380· Fla. 5th DCA· 1992-08-28 ·cited 12×
  A party seeking attorney's fees must plead entitlement, but may waive this requirement by failing to object when the opposing party seeks fees later in the litigation without prior pleading.
• Elliot Zaleznik v. Gulf Coast Roofing Co., Inc.
  576 So. 2d 776· Fla. 2d DCA· 1991-02-27 ·cited 12×
  Homeowners appealed a judgment awarding damages and liens to three subcontractors who performed work on their home after the general contractor abandoned the project due to financial difficulties. The court affirmed damages under unjust enrichment theory but reversed equitable li
• United States v. The Premises & Real Prop. AT 614 Portland Ave. (Formerly Known as 7-9 Fernwood Avenue)
  846 F.2d 166· 2d Cir.· 1988-05-10 ·cited 12×
  The civil forfeiture provision of 18 U.S.C. § 1955(d) applies to real property used in connection with illegal gambling.
• Hardrives Co. & St. Paul Fire & Marine Ins. Co. v. Tri-County Concrete Prods., Inc.
  489 So. 2d 1211· Fla. 4th DCA· 1986-06-11 ·cited 12×
  Tri-County Concrete Products sought to foreclose a mechanic's lien for materials supplied to a subcontractor on a nursing home construction project. The court reversed the trial court's judgment validating the lien because Tri-County failed to serve the required notice on the gen
• Antonelli Constr. Co., Inc. v. Sanfilippo
  449 So. 2d 891· Fla. 3d DCA· 1984-04-10 ·cited 12×
• SAC Constr. Co., Inc. v. Eagle Nat'l Bank OF Miami
  449 So. 2d 301· Fla. 3d DCA· 1984-03-13 ·cited 12×
  The court held that appellants abandoned their motion for rehearing by filing a premature appeal and that the doctrine of marshaling assets was inapplicable. The court also found that the settlement agreement between the Bank and the debtors was not fraudulent and did not prevent
• Chicago Title Ins. Co. v. Sherred Vill. Assocs.
  708 F.2d 804· 1st Cir.· 1983-05-17 ·cited 12×
  The court held that federal law should adopt state law for determining the priority of mechanics' liens against HUD-insured mortgages when Congress has not explicitly mandated a federal rule and a national rule is not necessary to protect federal interests.
• Cloutier v. Cent. Contracting, Inc.
  418 So. 2d 1233· Fla. 5th DCA· 1982-09-08 ·cited 12×
  Cloutier appealed a judgment awarding damages to Central Contracting in a mechanics lien foreclosure action. The court reversed, finding the jury verdict internally inconsistent—it awarded damages to Central without finding liability on any viable theory—and held that Cloutier, a
• Bankers & Shippers Ins. Co. of N.Y. v. AIA Insulation Indus., Inc.
  390 So. 2d 734· Fla. 4th DCA· 1980-09-24 ·cited 12×
  Three consolidated appeals challenge a trial court judgment awarding subcontractors damages from a payment bond surety and the contract retainage held by the owner, in a construction dispute involving a defective warehouse roof. The appellate court reversed and remanded, holding
• Cont'l Bank & Tr. Co. for the Lot Purchasers v. Am. Bonding Co.
  630 F.2d 606· 8th Cir.· 1980-09-10 ·cited 12×
  The court held that the district court erred by failing to deduct the unpaid contract price from the damages awarded, as required by the prior mandate, and that prejudgment interest was improperly awarded on an unliquidated claim.
• Charter Dev. Corp. v. Eversole
  342 So. 2d 143· Fla. 1st DCA· 1977-02-15 ·cited 12×
  The court held that the trial court erred in imposing an equitable lien when the plaintiff only sought a mechanic's lien and no special or peculiar equities were present.
• Centex-Winston Corp. v. Crown Paint, Inc.
  294 So. 2d 694· Fla. 3d DCA· 1974-05-14 ·cited 12×
  An error or omission in a claim of lien under the mechanic's lien law will not prevent foreclosure if the party has not been adversely affected by the error.
• Houdaille-Duval-Wright Co. v. Charldon Constr. Co.
  266 So. 2d 106· Fla. 3d DCA· 1972-08-01 ·cited 12×
  A subcontractor sought to enforce a mechanics' lien for unpaid work on an apartment building project. The trial court found the subcontractor was entitled to the lien amount but awarded the contractor damages for delay that exceeded the lien claim, and also awarded the contractor
• The Goodyear Tire & Rubber Co. v. Mrs. E. A. Jones
  433 F.2d 629· 10th Cir.· 1970-10-09 ·cited 12×
  The court affirmed the district court's rulings that the additional lump sum payments were not covered by the Kansas labor lien statute or the payment bond, and that the denial of summary judgment on other wage claims was not properly before the court.
• Berenter v. Staggers
  362 F.2d 971· D.C. Cir.· 1966-05-26 ·cited 12×
  The court held that the trial judge did not err in granting the motion for involuntary dismissal of the mechanic's lien claim.
• Diamond Nat'l Corp. v. Bankruptcy
  333 F.2d 517· 9th Cir.· 1964-06-18 ·cited 12×
  A chattel mortgage on a shifting stock of merchandise is void under Idaho law if the parties abandon the mortgage's accounting provisions and substitute an unrecorded agreement, especially when the mortgagee knowingly permits the mortgagor to appropriate sale proceeds. A mortgage
• Bankruptcy v. Houston Lumber Co.
  310 F.2d 881· 10th Cir.· 1962-11-01 ·cited 12×
  The court held that Oliver was an agent of the bankrupts, making the bankrupts the prime contractor and Houston a subcontractor of the first degree with a valid lien under Kansas law.