Mechanic'S Lien

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

• Cont'l Home Parks, Inc. v. Golden Triangle Asphalt Paving Co.
  291 So. 2d 49· Fla. 2d DCA· 1974-02-08 ·cited 9×
  The court held that service of a Notice to Owner on a receptionist was not 'actual delivery' to a corporate officer or agent as required by statute, thus failing to perfect a mechanics' lien.
• Canada DRY Bottling Co. OF Fla., Inc. v. Meekins, Inc.
  219 So. 2d 439· Fla. 3d DCA· 1969-03-04 ·cited 9×
  Meekins, a materialman, sued for the value of materials supplied to a subcontractor on Canada Dry's property and obtained a judgment and lien. Canada Dry and the general contractor appealed, challenging whether a materialman can obtain a lien when there is no direct debt between
• O. H. Thomason Builders' Supplies, Inc. v. Orsbia Goodwin
  152 So. 2d 797· Fla. 1st DCA· 1963-04-30 ·cited 9×
  A materialman sued to foreclose a lien on property after selling building materials that were incorporated into improvements, but failed to comply with statutory lien notice requirements. The court affirmed dismissal, holding that while an equitable lien may be available when sta
• Coronet Kitchens, Inc. v. The Mortg. Mart, Inc.
  146 So. 2d 768· Fla. 2d DCA· 1962-10-24 ·cited 9×
  Filing a claim of lien for cabinets installed under a retain title contract constitutes an election of remedies, barring a subsequent action to recover possession of those cabinets.
• Grossman v. Pollack
  100 So. 2d 660· Fla. 3d DCA· 1958-02-04 ·cited 9×
  Architect Grossman sought to enforce a mechanics' lien against property owners for architectural services rendered to a prospective lessee, but the court affirmed summary judgment for the defendants because the underlying lease was never delivered and thus never came into existen
• Special Tax Sch. Dist. No. 1 of Palm Beach Cnty. v. Smith
  61 Fla. 782· Fla.· 1911-01-01 ·cited 9×
  The Florida Supreme Court upheld a school district's right to possess a completed school building without requiring a full accounting of disputed amounts owed to the contractors, holding that mechanic's liens do not attach to public school property absent express statutory author
• Cartier-McDONALD Constr., Inc. v. Waterview Dev., Inc.
  833 So. 2d 822· Fla. 4th DCA· 2002-12-04 ·cited 8×
  In a mechanic's lien foreclosure dispute, the court affirmed the trial court's judgment awarding the lien to Waterview with a set-off for Cartier's defective work, but reversed and remanded the denial of pre-judgment interest for reconsideration on the merits.
• THE Florida BAR v. Charnock
  661 So. 2d 1207· Fla.· 1995-10-26 ·cited 8×
  The Florida Supreme Court disciplined attorney William T. Charnock III for creating a sham tenancy arrangement to delay a writ of possession and for testifying untruthfully during the disciplinary proceeding. The Court suspended Charnock for thirty days rather than the ninety day
• J. Batten Corp. v. Oakridge Invs. 85, Ltd.
  546 So. 2d 68· Fla. 5th DCA· 1989-06-29 ·cited 8×
  J. Batten Corporation appealed a final judgment dismissing its mechanic's lien, breach of contract, and fraud claims against Oakridge Investments after the trial court refused to allow amendment of the complaint to allege service of a contractor's affidavit. The appellate court r
• In re Waller Creek, Ltd. v. Waller Creek, Ltd.
  867 F.2d 228· 5th Cir.· 1989-03-06 ·cited 8×
  The court held that separate construction contracts for a hotel and a parking garage, coupled with the parties' treatment of the projects as distinct, operated to "constructively sever" the properties, preventing a mechanic's lien from one project from attaching to the other. The
• Kalbes v. Cal. Fed. Sav. & Loan Ass'n
  497 So. 2d 1256· Fla. 2d DCA· 1986-10-10 ·cited 8×
  This case concerns whether a construction lender has a duty to a borrower to exercise reasonable care in disbursing loan funds to prevent mechanics' liens from being filed against the property. The court held that such a duty exists when the lender controls the disbursement of fu
• Floridaire Mech. Sys., Inc. v. Alfred S. Austin-Daper Tampa, Inc.
  470 So. 2d 717· Fla. 2d DCA· 1985-03-01 ·cited 8×
• Franco Pezzimenti and Molly Musca v. L.R. Cirou and Doris L. Cirou
  466 So. 2d 274· Fla. 2d DCA· 1985-02-15 ·cited 8×
  Molly Musca appeals a foreclosure judgment and award of attorney's fees in a mortgage dispute. The court affirmed the foreclosure but reversed and remanded the attorney's fees award, limiting recovery to the contractually specified amount rather than the court-awarded amount.
• Gen. Elec. Co. v. Atl. Shores, Inc.
  436 So. 2d 974· Fla. 5th DCA· 1983-07-28 ·cited 8×
  General Electric appealed a summary judgment in favor of a landowner, which dismissed GE's replevin action for appliances supplied to a contractor. The court held that filing a mechanic's lien does not constitute an election of remedies precluding replevin, and that factual dispu
• Acadia Dev. Corp. v. Rinker Materials Corp.
  419 So. 2d 1142· Fla. 3d DCA· 1982-09-28 ·cited 8×
  The court held that a mechanic's lien claim is timely if filed within 90 days of the final delivery of materials, regardless of payment status for prior deliveries.
• Royal v. Clemons
  394 So. 2d 155· Fla. 4th DCA· 1981-02-04 ·cited 8×
  This case involves an appeal of a final judgment foreclosing a mechanics lien filed by subcontractor Oscar Clemons against property owners for unpaid site preparation work on a shopping center project. The court upheld the lien award despite Clemons' untimely filing of notice to
• In re Dloogoff v. Dloogoff
  600 F.2d 166· 8th Cir.· 1979-06-14 ·cited 8×
  The court held that a debt is not non-dischargeable under section 17(a)(4) of the Bankruptcy Act if the debtor-contractor did not have a technical fiduciary relationship with the creditor, as implied by state law, separate from the contract itself.
• Bankers Tr. Co. v. Transamerica Title Ins. Co.
  594 F.2d 231· 10th Cir.· 1979-02-08 ·cited 8×
  The court held that the district court did not err in granting summary judgment because no genuine issue of material fact existed regarding Transamerica's obligations under the disbursement and title insurance agreements.
• Partin v. Konsler Steel Co.
  336 So. 2d 684· Fla. 4th DCA· 1976-08-20 ·cited 8×
  A subcontractor's failure to strictly comply with the Mechanic's Lien Law's notice requirements precludes perfection of its lien, even if the owner also failed to comply with certain provisions.
• Booth v. JOE Lombardi, Inc.
  309 So. 2d 51· Fla. 2d DCA· 1975-03-05 ·cited 8×
  William Booth, a subcontractor who supplied lime-rock, appealed a trial court judgment denying his mechanics' lien claim against the owner Lombardi. The Florida appellate court affirmed, holding that Booth failed to comply with the statutory requirement to serve notice on the own
• Barth v. Fla. State Contractors Serv., Inc.
  302 So. 2d 476· Fla. 3d DCA· 1974-10-22 ·cited 8×
  The court held that the appellant waived her right to a jury trial and that there was substantial competent evidence to support the trial court's findings regarding substantial performance and the attorney's fees award.
• Gen. Ins. Co. OF Am. v. Lamar Corp.
  482 F.2d 856· 6th Cir.· 1973-07-31 ·cited 8×
  The Michigan Building Contract Fund Act of 1931 does not apply to public construction projects, and therefore funds paid to a contractor on such a project do not constitute a trust fund for subcontractors and materialmen under the Act.
• W. W. GAY Mech. Contractors, Inc. v. Case
  275 So. 2d 570· Fla. 1st DCA· 1973-04-03 ·cited 8×
  A subcontractor sought a mechanic's lien against a building owner and general lessee after the prime contractor failed to pay for refrigeration installation work. The court affirmed summary judgment for the defendants, holding that the subcontractor's failure to provide timely no
• Am. Bankers Ins. Co. of Fla. v. Nolan's Garage, Inc.
  262 So. 2d 727· Fla. 3d DCA· 1972-05-30 ·cited 8×
  The court held that genuine issues of material fact existed, precluding summary judgment, particularly regarding the amount owed for towing and storage and the applicability of a statute limiting storage charges.
• LEO Spear Constr. Co., Inc. v. The Fid. & Cas. Co. OF NEW York & BrookfieldBaylor
  446 F.2d 439· 2d Cir.· 1971-07-01 ·cited 8×
  The dissenting judge believes the appellate court should not have reversed the district court's judgment for tortious interference with business relations, as the findings were supported by substantial evidence.
• Yell-For-Pennell, Inc. v. Joab, Inc.
  243 So. 2d 438· Fla. 3d DCA· 1971-01-26 ·cited 8×
• Stanley Builders, Inc. v. Nacron
  238 So. 2d 606· Fla.· 1970-07-01 ·cited 8×
  Stanley Builders sought to foreclose a mechanics' lien for unpaid construction work, but the trial court dismissed the action, finding that Stanley Builders had split its cause of action by asserting a cross-claim in a separate Civil Court action. The Florida Supreme Court revers
• Baker & Taylor Drilling Co. v. Stafford
  369 F.2d 551· 9th Cir.· 1966-12-01 ·cited 8×
  The court held that the bankruptcy court had summary jurisdiction to determine the validity of a mechanics lien against property in its constructive possession, but erred in restraining the lienholder from pursuing a separate action against a third party.
• Halifax Constr. Co. v. Chastain Groves, Inc.
  192 So. 2d 15· Fla. 1st DCA· 1966-11-15 ·cited 8×
  A contractor must comply with statutory requirements, including providing an affidavit and recording a claim of lien, to maintain an action to foreclose a mechanic's lien.
• W. Cas. & Sur. Co. v. Brooks
  362 F.2d 486· 4th Cir.· 1966-06-01 ·cited 8×
  A surety cannot use subrogation to offset losses on one construction contract against excess funds realized on a separate contract, even if both contracts were with the same contractor and surety.
• Loving v. Viecelli
  164 So. 2d 560· Fla. 3d DCA· 1964-06-02 ·cited 8×
  Roy Loving appealed the dismissal of his mechanics' lien foreclosure complaint. The trial court dismissed for failure to state a cause of action, lack of jurisdiction over parties, and lack of subject matter jurisdiction. The appellate court affirmed the dismissal on the pleading
• Dizard & Getty, Inc. v. Alex Wiley in Bankruptcy in the matter of Grant Corson Henry
  324 F.2d 77· 9th Cir.· 1963-10-24 ·cited 8×
  The court held that a secured creditor does not necessarily lose its lien by failing to file a secured claim within six months if the bankruptcy court orders that the validity and priority of liens will be determined later. The court also held that the trustee's order to sell pro
• Sydney H. Stilley t/a Sydney H. Stilley & Assocs. v. Post
  148 So. 2d 569· Fla. 1st DCA· 1963-01-17 ·cited 8×
  Failure to file a notice of pendency within one year of filing a claim of lien bars the foreclosure action, but does not abate an action for the debt itself.
• Hightower v. Bigoney
  145 So. 2d 505· Fla. 2d DCA· 1962-09-26 ·cited 8×
  In this interlocutory appeal, the court addresses whether a defendant compelled to file a legal counterclaim in an equity suit has an absolute right to a jury trial on that counterclaim. The court held that while a defendant normally has a constitutional right to jury trial on le
• Cowherd & Sanderlin, Inc. v. Modern Improvement Co., Inc.
  142 So. 2d 786· Fla. 1st DCA· 1962-07-05 ·cited 8×
  Failure to file a notice of pendency of action within one year of filing a mechanic's lien claim discharges the lien against the property, even if the owner had actual notice.
• Belcher v. Russell
  128 So. 2d 623· Fla. 3d DCA· 1961-03-20 ·cited 8×
  The court reversed the chancellor's determination that Troup Bros., Inc. held a valid mechanic's lien for road construction work, holding that Troup Bros. was a contractor rather than a mere materialman and therefore was required to provide the sworn statement mandated by Florida
• In re Hunterbrook Bldg. Corp.
  276 F.2d 190· 2d Cir.· 1960-03-23 ·cited 8×
  The court held that the dismissal of the Chapter X reorganization petition was proper because there was no reasonable expectation of a successful reorganization plan.
• Blanton v. Young
  80 So. 2d 351· Fla.· 1955-05-11 ·cited 8×
  The Florida Supreme Court affirmed a lower court's decision, holding that a conveyance of property was not fraudulent and that the appellant was not entitled to an equitable lien for labor and materials furnished because they failed to foreclose on their mechanic's lien within th
• Am. Coal Burner Co. v. Merritt
  129 F.2d 314· 6th Cir.· 1942-06-01 ·cited 8×
  The court held that asserting a perfected mechanic's lien claim in bankruptcy court within the statutory enforcement period is equivalent to bringing an action in state court, thus preserving the lien.
• Fla. Fruit Co. v. Shakelford
  145 Fla. 216· Fla.· 1940-12-03 ·cited 8×
  This case clarifies the liability of landowners under Florida's 1935 Mechanics' Lien Law. The court held that landowners are liable to laborers for unpaid wages, even without written notice, if they fail to ensure laborers are paid or withhold sufficient funds from contractors.
• The Franklin Sav. & Loan Co. v. Fisk
  98 Fla. 683· Fla.· 1929-10-17 ·cited 8×
  This case involves a dispute over the priority of liens between a construction lender and a mechanic's lien holder. The court determined that a mortgage securing a building loan, even if funds are disbursed in installments, takes priority from its recording date over subsequently
• The DeSoto Nat'l Bank v. The Arcadia Elec. Light
  59 Fla. 479· Fla.· 1910-01-01 ·cited 8×
  The Florida Supreme Court reversed a decree enforcing a mechanic's lien against the DeSoto National Bank, holding that the lien claimant failed to substantially comply with statutory notice requirements. The Court found that the notice served did not meet the statutory standard f
• Commercial JET, Inc. v. U.S. Bank, N.A.
  45 So. 3d 887· Fla. 3d DCA· 2010-09-15 ·cited 7×
  Commercial Jet sought to foreclose a mechanic's lien on a Boeing 767 aircraft for unpaid maintenance services. The court affirmed summary judgment for U.S. Bank, holding that a mechanic's lien under Florida Statute § 713.58 is possessory in nature and is lost when the lienholder
• 14TH & Heinberg, L.L.C. v. Henricksen & Co., Inc.
  877 So. 2d 34· Fla. 1st DCA· 2004-06-03 ·cited 7×
  14th & Heinberg challenged three final judgments enforcing mechanics' liens against its leasehold interest for improvements made by Montgomery Ward. The Florida appellate court held that while a recorded short-form lease must contain an express lien disclaimer to protect a lessor
• Levin v. Palm Coast Builders & Constr., Inc.
  840 So. 2d 316· Fla. 4th DCA· 2003-02-12 ·cited 7×
  Palm Coast Builders filed a mechanic's lien against the Levins for unpaid construction costs, but the trial court found the lien fraudulent because it included nonlienable items like pool upkeep, lawn maintenance, HOA fees, and utilities. The Fourth District affirmed, rejecting P
• Shipwatch Dev. Corp. v. Salmon
  646 So. 2d 838· Fla. 1st DCA· 1994-12-15 ·cited 7×
  In this mechanic's lien case, Shipwatch Development Corporation appealed a trial court judgment imposing a $16,024.07 lien on its property in favor of contractor Harold Salmon. The appellate court affirmed most of the trial court's factual findings but reversed the attorney's fee
• In re Medomak Canning v. Bayside Enters., Inc.
  922 F.2d 895· 1st Cir.· 1990-12-28 ·cited 7×
  The court held that the bankruptcy court's approval of a settlement agreement, which included the trustee releasing all claims against certain parties, was res judicata and barred appellants from later asserting equitable subordination claims, as they were in privity with the tru
• Ins. Co. OF N. Am. v. Julien P. Benjamin Equip. Co.
  481 So. 2d 511· Fla. 1st DCA· 1985-12-30 ·cited 7×
  Insurance Company of North America appeals a summary judgment in favor of Julien P. Benjamin Equipment Co. for unpaid invoices for materials, equipment, and supplies provided to Hancock Marine on a construction project. The court affirmed the summary judgment, holding that the pl
• S & S AIR Conditioning Co. v. Cantor
  343 So. 2d 923· Fla. 3d DCA· 1977-03-15 ·cited 7×
  A subcontractor appealed a summary judgment dismissing its mechanic's lien foreclosure action, challenging whether preliminary notice mailed to the property owners at their attorney's address (as listed on their recorded deed) was effective service. The court reversed, holding th
• Nelson's, Inc. v. Halifax Constr. Co.
  305 So. 2d 840· Fla. 3d DCA· 1974-12-31 ·cited 7×
  Nelson's, Inc. appealed a trial court judgment awarding damages for breach of a construction contract and attorney's fees. The Third District Court of Appeal affirmed the damages award but reversed the attorney's fees award, holding that attorney's fees under Florida's lien statu