Mechanic'S Lien

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

• Quality Lime Prods., Inc. v. Acme Paving Co., Inc.
  134 So. 2d 42· Fla. 2d DCA· 1961-11-01 ·cited 12×
  Quality Lime Products, a materialman supplier to a subcontractor, appeals the denial of its mechanic's lien claim. The court affirms the denial, holding that under Florida's Mechanics' Lien Law, a materialman furnishing materials to a subcontractor has no right to claim a mechani
• United States v. Crest Fin. Co., Inc.
  291 F.2d 1· 7th Cir.· 1961-05-16 ·cited 12×
  A lender's lien on accounts receivable, even if perfected under state law, is not choate and perfected for purposes of priority against a federal tax lien unless it meets federal standards, which typically require possession or control.
• Dewing v. Nelson & Co., Inc.
  117 So. 2d 744· Fla. 2d DCA· 1960-02-05 ·cited 12×
  A fertilizer company supplied materials to a grove that was under contract to be sold, and sought an equitable lien against the property when the buyer failed to pay. The court held that no equitable lien could be granted because the company had knowledge of the true ownership an
• William v. Bybee
  95 So. 2d 529· Fla.· 1957-05-29 ·cited 12×
  A plumbing subcontractor sought to foreclose a mechanic's lien against a property owner without joining the general contractor as a defendant. The Florida Supreme Court held that the contractor need not be joined as an indispensable party in enforcement actions under the 1935 Mec
• Leroy v. Reynolds
  141 Fla. 586· Fla.· 1940-01-02 ·cited 12×
  This case addresses whether a contractor and materialman can enforce mechanic's liens against an estate by the entireties when only the husband contracted for construction work. The Florida Supreme Court held that under the 1935 Uniform Mechanics Lien Act, one spouse may bind the
• Allardice & Allardice, Inc. v. Weatherlow
  98 Fla. 475· Fla.· 1929-09-25 ·cited 12×
  A contractor sought to enforce a mechanic's lien against property held as a tenancy by the entireties, claiming it had a contract with both spouses for construction work. The Florida Supreme Court held that to create a lien on such property, both spouses must participate in incur
• Summerlin v. Thompson & Co.
  31 Fla. 369· Fla.· 1893-01-01 ·cited 12×
  Thompson & Co., mechanics and contractors, sued the trustees of Summerlin Institute to enforce a mechanic's lien for $5,267.47 due for work and materials in erecting a building. The circuit court rendered judgment for $3,150, and the trustees appealed, raising multiple issues reg
• Hiller v. Phoenix Assocs. OF S. Fla., Inc.
  189 So. 3d 272· Fla. 2d DCA· 2016-04-08 ·cited 11×
  Georgia Hiller appeals a trial court order denying her motion to release a transfer bond. The court reverses, holding that a lienor must timely commence an action against a surety bond within the statutory deadline (60 days after notice of contest) or the lien is extinguished by
• CDS & Assocs. OF the Palm Beaches, Inc. v. 1711 Donna Rd. Assocs., Inc.
  743 So. 2d 1223· Fla. 4th DCA· 1999-11-17 ·cited 11×
  A construction lien cannot be based on a contract implied in law (quasi-contract).
• Scott v. Rolling Hills Place Inc.
  688 So. 2d 937· Fla. 5th DCA· 1996-12-13 ·cited 11×
  Scott, a professional engineer, appealed a judgment for breach of contract and punitive damages arising from his failure to sign and seal engineering plans for a planned unit development. The appellate court reversed, finding that Rolling Hills breached the contract first by fail
• Lafitte v. Gigliotti Pipeline, Inc.
  624 So. 2d 844· Fla. 2d DCA· 1993-10-01 ·cited 11×
  The dissent argues that the case should be dismissed as moot because the challenged statute has been repealed and replaced with a more narrowly drawn ordinance, making the original controversy no longer live. The dissent believes the majority incorrectly applies the voluntary ces
• Miller Constr. Co. v. First Indus. Tech. Corp.
  576 So. 2d 748· Fla. 3d DCA· 1991-02-19 ·cited 11×
  Miller Construction Company appeals a judgment denying its mechanics' lien claim against First Industrial Technology Corp. The court affirms the denial of the lien, finding Miller lacks standing as a non-architect and that furnishing drawings does not constitute an improvement to
• Yates v. Bernard's Carpet & Draperies, Inc.
  481 So. 2d 515· Fla. 4th DCA· 1985-12-31 ·cited 11×
  The Yateses hired a decorator who in turn hired Bernard's Carpet and Draperies to install carpeting. When the decorator failed to pay Bernard's, Bernard's sued the Yateses directly. The court held that Bernard's was a true subagent of the decorator, not the Yateses, and therefore
• Conway v. Sears
  185 So. 2d 697· Fla.· 1966-04-27 ·cited 11×
  A sub-sub-subcontractor is too remote in privity with the owner to enforce a mechanics lien under the 1961 Florida Statutes, regardless of the validity of Section 84.021.
• E & E Elec. Co., Inc. v. Gold Coast 72ND St. Diner, Inc.
  116 So. 2d 660· Fla. 3d DCA· 1959-12-29 ·cited 11×
  The appellate court affirmed a summary final decree that dismissed an electrical contractor's mechanic's lien claim against the fee owner and the supplier of a prefabricated diner, finding the diner remained personal property under a conditional sales contract.
• N. Dade Plumbing, Inc. v. LA Salle Bldg. Corp.
  114 So. 2d 707· Fla. 3d DCA· 1959-10-01 ·cited 11×
  The court held that an attorney's charging lien under New York Judiciary Law is extinguished if the underlying action is dismissed without recovery.
• Schilling v. Briggs
  108 Fla. 351· Fla.· 1933-02-21 ·cited 11×
  The Florida Supreme Court affirmed an order reviving a mechanic's lien suit against the administratrix and heirs of a deceased defendant, holding that obtaining an order for revivor within the statutory period for presenting claims against an estate dispenses with the requirement
• Elton LEE v. ALL Fla. Constr. Co.
  662 So. 2d 365· Fla. 3d DCA· 1995-09-13 ·cited 10×
  Homeowners appealed an order confirming an arbitration award encompassing disputes from two separate construction contracts—one with an arbitration clause (home addition) and one without (hurricane repairs). The court reversed, holding that parties cannot be compelled to arbitrat
• Marriott Corp. v. Dasta Constr. Co.
  26 F.3d 1057· 11th Cir.· 1994-07-22 ·cited 10×
  Marriott Corporation contracted with Dasta Construction Company to perform exterior skin and drywall work on a large resort hotel in Orlando, Florida. When Dasta ran out of funds due to project delays and cost overruns, Marriott paid Dasta's subcontractors and suppliers and later
• Ellish v. Richard
  622 So. 2d 1154· Fla. 4th DCA· 1993-08-18 ·cited 10×
  A default judgment for damages cannot be affirmed if the underlying complaint lacks sufficient allegations to sustain the claim for damages.
• Towers Constr. Co. OF Panama City, Inc. v. KEY W. Polo Club Apts., Ltd.
  569 So. 2d 830· Fla. 5th DCA· 1990-11-01 ·cited 10×
  The court held that the trial court erred in denying the motion to transfer venue because the Monroe County action was filed first and involved substantially the same subject matter.
• Mesch v. Berry
  528 So. 2d 1250· Fla. 1st DCA· 1988-07-19 ·cited 10×
  The court held that the general contractor breached the contract by refusing to pay taxes and insurance as part of labor costs, but the homeowners should have been dismissed from the mechanic's lien action after the lien was transferred to a bond.
• Jones v. Preuit & Mauldin
  822 F.2d 998· 11th Cir.· 1987-07-24 ·cited 10×
  The judge issuing a writ of attachment must have discretion to inquire into the veracity of the creditor's allegations, not just facial sufficiency, to satisfy constitutional due process requirements.
• Kidd v. Fowler
  498 So. 2d 969· Fla. 4th DCA· 1986-11-19 ·cited 10×
  Kidd appeals a summary judgment that extinguished his reserved life estate in an apartment complex he sold and found his mechanic's lien fraudulent. The court affirmed the dismissal of the fraudulent lien but reversed the extinguishment of the life estate, finding the deed should
• Mohsen M. Saleh v. Watkins
  415 So. 2d 858· Fla. 5th DCA· 1982-06-23 ·cited 10×
  The court held that a contractor's failure to strictly comply with the statutory requirement of providing an affidavit to the owner at least five days before filing suit renders any amendment to the complaint futile, and thus the lien claim should be dismissed.
• Pilot Elec. Constr. Co., Inc. v. Waters
  384 So. 2d 61· Fla. 1st DCA· 1980-06-05 ·cited 10×
  Pilot Electrical Construction Company appealed a summary judgment denying its mechanics lien claim against property owners. The court affirmed, holding that the appellant failed to serve the required 45-day notice to the owner within the statutory period, and that an oral modific
• Corry Constr. Co., Inc. v. Hector Constr. Cos., Inc.
  363 So. 2d 1125· Fla. 1st DCA· 1978-10-17 ·cited 10×
  Corry Construction sought recovery against a surety bond provided by Royal Indemnity Co. for a mechanic's lien claim, after obtaining judgment against the original property owner Will-O-Wick, Inc. The court affirmed dismissal, holding that Corry's lien never attached to the prope
• Forrest Adams v. McDONALD
  356 So. 2d 864· Fla. 1st DCA· 1978-03-20 ·cited 10×
  A materialman's lien is enforceable against a property owner who pays a contractor in full before the owner has filed a notice of commencement or obtained a contractor's affidavit, even if the owner had no knowledge of the unpaid materials.
• Chicago Title Ins. Co. v. Sherred Vill. Assocs.
  568 F.2d 217· 1st Cir.· 1978-01-05 ·cited 10×
  The court held that the federal government's mortgage lien has priority over the mechanic's lien because the mechanic's lien did not become 'choate' before the federal lien arose, applying the 'first in time, first in right' federal common law principle.
• Dominguez v. Lopez
  346 So. 2d 627· Fla. 3d DCA· 1977-05-31 ·cited 10×
  Angel Dominguez appealed the trial court's order discharging a lis pendens he filed in a partnership dissolution and accounting action. The Third District reversed because Dominguez was denied the opportunity to present evidence in opposition to the discharge motion, a procedural
• Oakdale Park, Ltd. v. Byrd
  346 So. 2d 648· Fla. 1st DCA· 1977-05-25 ·cited 10×
  Oakdale Park appealed an order awarding attorney's fees and costs in a mechanic's lien foreclosure case that was submitted to arbitration. The court held that when a mechanic's lien dispute is subject to a mandatory arbitration clause and the dispute is resolved through arbitrati
• Tompkins Land Co., Inc. v. Edge
  341 So. 2d 206· Fla. 4th DCA· 1976-12-17 ·cited 10×
  The Court emphasizes the importance of finality in judgments and adherence to proper trial court procedures, particularly regarding guilty pleas.
• Carolina Aircraft Corp. v. Commerce Tr. Co.
  289 So. 2d 37· Fla. 4th DCA· 1974-01-31 ·cited 10×
  A statutory mechanic's lien for repairs to an aircraft takes priority over a prior recorded chattel mortgage, even if the mortgage is recorded under federal law.
• Eastland Inv. Co. v. J. R. Trueman & Assocs., Inc.
  287 So. 2d 365· Fla. 3d DCA· 1973-12-18 ·cited 10×
  Eastland Investment Company appeals an order denying its motion for summary judgment and motion for judgment on the pleadings in a mechanic's lien foreclosure action brought by a contractor and architectural firm. The court affirms, holding that the sworn statement requirement un
• Schleifer v. All-Shores Const. & Supply Co., Inc.
  260 So. 2d 270· Fla. 4th DCA· 1972-04-07 ·cited 10×
  Securing a statutory payment bond exempts the property owner from direct liability for construction liens, making the bond the sole remedy for claimants.
• Chrysler Corp. v. The Hanover Ins. Co.
  350 F.2d 652· 7th Cir.· 1965-09-03 ·cited 10×
  A surety is discharged from liability if the obligee materially alters the principal's contract without the surety's consent.
• Leedy v. First Fed. Sav. & Loan Ass'n OF Cocoa
  142 So. 2d 99· Fla. 2d DCA· 1962-06-08 ·cited 10×
  A lien claimant, Roger Leedy, sought priority for his mechanic's lien recorded after mortgages had been recorded by First Federal Savings and Loan. The court held that Leedy failed to establish the elements necessary to claim priority under Florida's blanket lien theory and relat
• Seaboard Sur. Co. v. Westwood Lake, Inc.
  277 F.2d 397· 5th Cir.· 1960-04-18 ·cited 10×
  The court held that the surety failed to prove that contract balances due on bonded jobs were improperly diverted, and thus could not recover from the owner who had already paid those balances under a state court judgment.
• Rood Co., Inc. v. Luber
  91 So. 2d 629· Fla.· 1956-10-24 ·cited 10×
  A supplier of paint and materials sought to enforce an equitable lien against real property after failing twice to foreclose a mechanics' lien within statutory deadlines. The Florida Supreme Court held that without allegations of wrongdoing or misrepresentation by the property ow
• Kyser v. MacADAM
  117 F.2d 232· 2d Cir.· 1941-01-13 ·cited 10×
  The court held that the mortgage was subordinate to the mechanics' liens due to non-compliance with New York Lien Law § 13, and that the plan of arrangement was improperly confirmed due to errors in creditor classification and voting.
• West v. Grainger
  46 Fla. 257· Fla.· 1903-06-01 ·cited 10×
  This case addresses whether a collateral promise to pay a third party's debt requires special pleading and must satisfy the statute of frauds. The Florida Supreme Court reversed a judgment for the plaintiff administrator, holding that common counts in a declaration are insufficie
• Nichols v. Eicholtz
  750 So. 2d 719· Fla. 5th DCA· 2000-01-21 ·cited 9×
  Michael Eicholtz Enterprises sued Lester Nichols for foreclosure of a mechanic's lien and quantum meruit damages. The trial court awarded quantum meruit damages, but the appellate court reversed, holding that where an express contract has been fully performed, recovery is limited
• Dirk Berkman v. Walt Foley and Mary Foley
  709 So. 2d 628· Fla. 4th DCA· 1998-04-15 ·cited 9×
  A Florida appellate court reversed a summary judgment in a mechanics lien foreclosure case, holding that an individual plaintiff with a valid contractor's license could not be bound by a prior judgment against an unlicensed corporate entity, and that ambiguities in the contract r
• Austin S. I, Ltd. v. Barton-Malow Co.
  799 F. Supp. 1135· M.D. Fla.· 1992-06-10 ·cited 9×
  The court adopted the Magistrate Judge's report and recommendation, denying Austin's motions to vacate the arbitration award and granting Barton's motion to confirm the award, finding no evident partiality by the arbitrator.
• Robert M. Swedroe, Architect/Planners, A.I.A., P.A. v. First Am. Inv. Corp.
  565 So. 2d 349· Fla. 1st DCA· 1990-07-06 ·cited 9×
  Robert M. Swedroe, an architect, appealed summary judgment dismissing his mechanic's lien claim against First American Investment Corporation. The court reversed and remanded, finding that whether certain engineering inspection services performed within the statutory filing perio
• Fid. & Deposit Co. OF Md. v. DELTA Painting Corp.
  529 So. 2d 781· Fla. 4th DCA· 1988-07-27 ·cited 9×
  A mechanic's lien action where Delta Painting Corp. sued to enforce a lien against property held in trust by City National Bank. The court affirmed the trial court's judgment that Delta complied with Florida's mechanic's lien statute despite technical omissions in the notice to o
• Smith v. Atl. Boat Builder Co.
  356 So. 2d 359· Fla. 1st DCA· 1978-03-13 ·cited 9×
  Employees of Atlantic Boat Builder Company appealed the denial of class action status and an order giving Atlantic Bank's security agreements priority over the employees' mechanic liens under Florida Statute 713.60. The court reversed, holding that employees performing labor on v
• Fid. & Deposit Co. OF Md. v. Accel, Inc.
  354 So. 2d 424· Fla. 4th DCA· 1978-01-24 ·cited 9×
  This case involves a subcontractor's claim against a general contractor and its surety. The appellate court reversed a judgment for the subcontractor, holding that the subcontractor failed to prove it met the statutory notice requirements for a mechanic's lien, which was a prereq
• Peacock Constr. Co. v. Henri P. Gould and Sarah Gould
  351 So. 2d 394· Fla. 2d DCA· 1977-11-04 ·cited 9×
  Peacock Construction Company appealed a judgment foreclosing its mechanics' lien against the Goulds, seeking reversal of the trial court's denial of attorney's fees. The court held that as the prevailing party on the lien foreclosure claim, Peacock was entitled to recover reasona
• Architectonics, Inc. v. Salem-American Ventures, Inc.
  350 So. 2d 581· Fla. 2d DCA· 1977-10-14 ·cited 9×
  Architectonics sued for payment after designing and constructing a building, seeking recovery through an equitable lien, open account, and account stated theories. The trial court dismissed three of four counts, and the appellate court reversed in part, holding that Architectonic