Mechanic'S Lien

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

• Bertram S. Warshaw v. Pyms
  266 So. 2d 355· Fla. 3d DCA· 1972-09-12 ·cited 7×
  Warshaw, an engineer, sought a mechanics' lien for professional services rendered in connection with real property owned by the Pymses. The central issue was whether Warshaw had a "direct contract" with the owners under Florida's mechanics' lien statute, where the contract was al
• J. P. Driver Co. v. Claxton
  193 So. 2d 440· Fla. 2d DCA· 1967-01-04 ·cited 7×
  J. P. Driver Company, a sub-subcontractor, appealed the dismissal of its mechanic's lien foreclosure action against property owners and contractors. The court affirmed dismissal, holding that sub-subcontractors lack statutory rights to assert mechanic's liens under Florida law, a
• Cramer v. Eichelberger
  96 Fla. 683· Fla.· 1928-12-05 ·cited 7×
  Contractors who constructed a building sought to enforce a mechanic's lien against the property owners and mortgage holders. The trial court found the contractors had a valid lien but subordinate to prior mortgage liens and material suppliers' liens, and the Florida Supreme Court
• US Acquisition, LLC v. Tabas
  87 So. 3d 1229· Fla. 4th DCA· 2012-05-23 ·cited 6×
  US Acquisition and Tabas Freedman appealed competing orders regarding an attorney's charging lien on an aircraft. The court held that because Tabas Freedman failed to record its charging lien with the FAA as required by federal law, the lien was not perfected and therefore invali
• Desert Fire Prot. v. Fontainebleau Las Vegas Holdings
  434 B.R. 716· S.D. Fla.· 2010-07-14 ·cited 6×
  The court affirmed the bankruptcy court's orders authorizing the use of cash collateral and granting priming liens, finding them necessary for the sale of the debtor's assets and adequately protected.
• Coplay Cement Co., Inc.
  983 F.2d 1435· 7th Cir.· 1993-01-21 ·cited 6×
  The court held that under Indiana's personal-liability statute for subcontractors, the owner's liability is limited to the amount owed to the general contractor, and the owner can set off damages incurred from the contractor's breach on one contract against amounts owed on anothe
• Lacentra Trucking Inc. v. Flagler Fed. Sav. & Loan Ass'n OF Miami
  586 So. 2d 474· Fla. 4th DCA· 1991-09-25 ·cited 6×
  This case addresses whether surveying, flagging, and staking a construction site within 30 days of recording a notice of commencement constitutes "actual commencement" under Florida's mechanic's lien statute, thereby entitling lienors' claims to priority over a subsequently recor
• M.C. Sturgis v. Herman Miller, Inc.
  943 F.2d 1127· 9th Cir.· 1991-09-03 ·cited 6×
  The court held that ERISA does not preempt California Civil Code § 3111, which provides a mechanic's lien to employee benefit trust funds for unpaid employer contributions.
• Maplewood Phase ONE Homeowner's Ass'n, Inc. v. Cecil
  585 So. 2d 370· Fla. 4th DCA· 1991-08-14 ·cited 6×
  The court held that the order setting the amount to bond off a lien was not immediately reviewable by certiorari because it lacked dispositive language and was not an order modifying an injunction.
• Gayle Mfg. Co., Inc. v. Fed. Sav. & Loan Ins. Corp. for State Fed. Sav. & Loan Ass'n
  910 F.2d 574· 9th Cir.· 1990-08-03 ·cited 6×
  The court held that a mechanic's lien claimant is not barred from equitable relief due to a mutual mistake regarding available remedies, even if the statutory foreclosure period has passed, and that FSLIC, as receiver, does not have exclusive jurisdiction to adjudicate claims aga
• Mike Henry, Inc. v. Donaldson
  558 So. 2d 1093· Fla. 5th DCA· 1990-03-29 ·cited 6×
  The appellate court reviewed a dispute arising from a home remodeling contract where the contractor filed a mechanics lien and the homeowners counterclaimed for fraudulent lien and slander of title.
• R & L Constr., Inc. v. Cullen
  557 So. 2d 931· Fla. 5th DCA· 1990-03-08 ·cited 6×
  A contractor with a direct contract for improvements under $2,500 is still required to file a claim of lien within the 90-day period specified in section 713.08(5), Florida Statutes, to perfect their lien.
• Ahimsa Technic, Inc. v. Lighthouse Shores Town Homes Dev. Co.
  543 So. 2d 422· Fla. 5th DCA· 1989-05-18 ·cited 6×
  The court held that the mechanic's lien was untimely filed, but the breach of contract claim should succeed as there was no evidence of breach.
• Porter Lumber Co., Inc. v. TIM Kris, Inc.
  530 So. 2d 398· Fla. 4th DCA· 1988-08-17 ·cited 6×
  Porter Lumber appeals from a mechanics' lien judgment in a construction materials dispute. The court affirmed the lien award but reversed the denial of a motion to vacate a premature satisfaction of judgment entered before the appeal period had expired.
• Musi v. VAN Kirk & Sons, Inc.
  528 So. 2d 413· Fla. 4th DCA· 1988-06-08 ·cited 6×
• Brooks v. United States
  833 F.2d 1136· 4th Cir.· 1987-11-25 ·cited 6×
  The court held that a mechanic's lien is a chose in action (personal property), not real property, and thus the government's tax lien filed in the corporation's principal executive office state had priority over a subsequent assignment of the mechanic's lien proceeds.
• Fixel Enters., Inc. v. Theis
  507 So. 2d 697· Fla. 1st DCA· 1987-05-14 ·cited 6×
  The court held that appellees, having obtained an affirmative judgment, qualified as the 'prevailing party' under the contract for attorney's fees and costs, despite appellant's prior settlement offers.
• In re Twin Parks Ltd. P'ship v. Twin Parks Ltd. P'ship
  720 F.2d 1374· 4th Cir.· 1983-11-09 ·cited 6×
  The court held that the bankruptcy judge's decision on state law claims was valid because the jurisdictional challenge was raised too late and the new rules applied prospectively. However, the award of post-petition interest was improper.
• Stratton OF Fla., Inc. v. Cerasoli
  426 So. 2d 59· Fla. 2d DCA· 1983-01-12 ·cited 6×
  Stratton of Florida and its surety St. Paul Fire and Marine Insurance appealed a judgment awarding damages to sub-subcontractor Cerasoli for unpaid labor. The court reversed, holding that Cerasoli failed to comply with the statutory requirement to serve written notice to the cont
• United States v. Zac A. Crittenden, Jr.
  600 F.2d 478· 5th Cir.· 1979-08-08 ·cited 6×
  Under Georgia law, a mechanic's lien for repairs is superior to a previously perfected FHA security interest to the extent of the final repair amount, and the FHA's financing statement adequately described the collateral.
• Dodge v. William E. Arnold Co. & Fid. & Cas. Co. of N.Y.
  373 So. 2d 98· Fla. 1st DCA· 1979-07-26 ·cited 6×
  The court held that a sub-subcontractor's employee is barred from suing the general contractor for personal injuries if the employee has received workers' compensation benefits from the sub-subcontractor's carrier.
• Climatrol Corp. v. Kent
  370 So. 2d 394· Fla. 3d DCA· 1979-04-10 ·cited 6×
  Climatrol Corporation appealed the denial of its mechanic's lien claim against homeowners who obtained a release of lien from the general contractor instead of the contractor's sworn affidavit required by Florida's mechanic's lien statute. The court reversed and ordered foreclosu
• Hunt Truck Sales & Serv., Inc. v. Holopak Vill.
  363 So. 2d 27· Fla. 4th DCA· 1978-09-20 ·cited 6×
• Giffen Indus. OF Jacksonville, Inc. v. Se. Assocs., Inc.
  357 So. 2d 217· Fla. 1st DCA· 1978-03-28 ·cited 6×
  Giffen Industries, a roofing subcontractor, sought to enforce a mechanic's lien and equitable lien against real property foreclosed by Great American Mortgage Investors (GAMI). The court held that GAMI's notice of lis pendens barred Giffen's mechanic's lien since it was not recor
• Richard Nasrallah Homes, Inc. v. Rassler
  355 So. 2d 486· Fla. 2d DCA· 1978-02-24 ·cited 6×
• Marson v. Comisky
  341 So. 2d 1040· Fla. 4th DCA· 1977-01-21 ·cited 6×
  A mechanic's lien claim is void if not strictly compliant with statutory notice requirements, and failure to join all indispensable parties renders the complaint defective.
• Oppenheim v. Newport Sys. Dev. Corp.
  348 So. 2d 328· Fla. 3d DCA· 1977-01-04 ·cited 6×
  An architect sought to foreclose a mechanics' lien for unpaid professional services. The trial court granted summary judgment against the architect, finding that the architect's failure to provide a sworn statement to the owner as required by the Mechanics' Lien Law invalidated t
• Am. Emp'rs Ins. Co. & Snead Constr. Corp. v. J. H. Atkins & Assocs., Inc.
  332 So. 2d 348· Fla. 4th DCA· 1976-05-07 ·cited 6×
  Consolidation of two mechanics lien foreclosure suits does not make parties named in only one suit parties to the other suit, so a contractor's counterclaim and answer references in a suit where it was not named were properly dismissed and stricken.
• In re Jack Kardow Plumbing Co. v. Nass
  451 F.2d 123· 5th Cir.· 1971-10-28 ·cited 6×
  A creditor filing a proof of secured claim may be subject to summary jurisdiction under § 57(g) if the filing indicates an intent to share in the general assets of the bankruptcy estate, but this must be determined by examining the circumstances of the filing.
• Bill Ader, Inc. v. Maule Indus., Inc.
  230 So. 2d 182· Fla. 4th DCA· 1969-12-31 ·cited 6×
  The court held that the owner's improper payments to the general contractor were detrimental to the materialman and thus the owner's property remained liable for those payments.
• Phillips Petroleum Co. & Fred Howland, Inc. v. The Schun Co.
  222 So. 2d 491· Fla. 4th DCA· 1969-04-30 ·cited 6×
  Phillips Petroleum and Fred Howland appealed an order denying their motion to dismiss an amended complaint seeking an equitable lien on real property. The court reversed, holding that the amended complaint failed to allege the ultimate facts necessary to establish an equitable li
• Mesker Bros. Iron Co. v. Donata Corp.
  401 F.2d 275· 4th Cir.· 1968-09-09 ·cited 6×
  The court held that Mesker's claim was not barred by the compulsory counterclaim rule and that Virginia law, as interpreted by its highest court, did not preclude recovery by an unlicensed contractor under these circumstances.
• United Bonding Ins. Co. v. M. D. Moody & Sons, Inc.
  213 So. 2d 263· Fla. 1st DCA· 1968-08-15 ·cited 6×
  United Bonding Insurance Company appealed a summary judgment requiring it to pay M. D. Moody & Sons for equipment rental and repairs under a performance bond issued for a road construction subcontract. The court held that equipment rental constitutes "labor and materials" covered
• Fine v. Crane Co.
  211 So. 2d 219· Fla. 3d DCA· 1968-05-07 ·cited 6×
  Crane Co., a material supplier, appealed a summary judgment in its favor regarding a mechanic's lien foreclosure action against the owners and other defendants in a construction project. The court reversed the judgment, holding that Crane Co. failed to comply with statutory notic
• William Eugene Johnson and wife v. Sanders
  207 So. 2d 744· Fla. 1st DCA· 1968-03-12 ·cited 6×
  The Johnsons appealed an order denying their motion to vacate a summary judgment in a mechanic's lien dispute with Sanders Builders Supply. The trial court erred by failing to vacate the judgment where the plaintiff's attorney submitted a proposed judgment for $387.81, but the ac
• Nat'l Bank & Tr. Co. v. Allied Supply Co. & N. G. Runyan
  386 F.2d 225· 4th Cir.· 1967-11-07 ·cited 6×
  The court held that bankruptcy officers have an equitable duty to notify lienholders of actions affecting their perfected liens, even if not statutorily required.
• Michel v. Bayshore Marina, Inc.
  183 So. 2d 294· Fla. 3d DCA· 1966-02-22 ·cited 6×
  A civil engineer sued to foreclose a mechanic's lien on property, but the trial court dismissed for failure to state a cause of action under the Mechanic's Lien Statute. On appeal, the court affirmed the dismissal of the mechanic's lien claim but reversed the portion of the decre
• Am. Fire & Cas. Co. v. Martin Marietta Corp.
  171 So. 2d 435· Fla. 2d DCA· 1965-01-22 ·cited 6×
  American Fire and Casualty Company appeals a summary judgment holding it liable as surety on a contractor's bond to Martin Marietta Corporation for unpaid materials. The court reversed, holding that a surety on a contractor's bond is only obligated to persons entitled to mechanic
• In re Fleetwood Motel Corp.
  335 F.2d 863· 3d Cir.· 1964-08-06 ·cited 6×
  A lease provision requiring a tenant to construct improvements, coupled with the landlord's active participation and benefit from the construction, constitutes written consent to bind the landlord's land under the New Jersey Mechanics' Lien Law. Extras performed pursuant to the c
• Seven-Up Bottling Co. OF Miami, Inc. v. George Constr. Corp.
  156 So. 2d 167· Fla. 3d DCA· 1963-07-23 ·cited 6×
  The court held that the trial court erred in including the cost of bottling equipment and the rental fee for appellee's equipment in the total construction cost, and in awarding attorney's fees for a frivolous interlocutory appeal.
• Union Tr. Co. OF ST. Petersburg v. Emphrosina Wittmann
  145 So. 2d 540· Fla. 2d DCA· 1962-10-12 ·cited 6×
  The court held that the plaintiff's complaint stated a claim cognizable in equity for an equitable lien, and thus should not have been dismissed.
• Gory v. White
  129 So. 2d 446· Fla. 3d DCA· 1961-05-08 ·cited 6×
  A materialman who supplied roofing tiles to a subcontractor, and was not paid, appeals the dismissal of his mechanic's lien foreclosure action against the property owners.
• Mac Mermell and Peggy Mermell v. McKINLEY
  126 So. 2d 902· Fla. 2d DCA· 1961-02-08 ·cited 6×
  A general contractor brought an action to enforce a mechanic's lien for unpaid balance on a summer camp construction contract. The Florida District Court of Appeal reversed the trial court's foreclosure decree because the contractor failed to comply with Florida Statute § 84.04(3
• United States v. Durham Lumber Co.
  257 F.2d 570· 4th Cir.· 1958-07-18 ·cited 6×
  A federal tax lien on a general contractor's property does not extinguish subcontractors' independent statutory rights against the property owners for payment.
• Colonial Tr. Co. v. George Goggin in Bankr. of the Est. of Intercontinental Airways, Inc.
  230 F.2d 634· 9th Cir.· 1955-09-14 ·cited 6×
  A bankruptcy court cannot create an equitable lien for work performed on property without the owner's consent, overriding state law and statutory limitations.
• Waldo v. United States Ramie Corp.
  74 So. 2d 106· Fla.· 1954-08-03 ·cited 6×
  Hamilton Electric and Willis Waldo sought to foreclose mechanics' liens on personal property supplied to U.S. Ramie Corp. The Florida Supreme Court reversed summary judgments dismissing Apopka Muck Farms as a defendant, holding that Apopka failed to adequately prove the existence
• Barbour v. Van Camp
  26 Fla. 40· Fla.· 1890-01-01 ·cited 6×
  This case concerns the enforcement of a mechanic's lien under a Florida statute. The appellate court affirmed the lower court's decision, finding no error in the proceedings, particularly regarding the sufficiency of notice and the repeal of a prior act.
• Strong v. Lake Weir Chautauqua & Lyceum Ass'n
  25 Fla. 765· Fla.· 1889-06-01 ·cited 6×
  Strong appealed the dissolution of an attachment lien he obtained against the Lake Weir Chautauqua and Lyceum Association under Florida's 1885 mechanics' lien statute. The Florida Supreme Court reversed, holding that attachment proceedings to enforce mechanics' liens are governed
• The Trs. of the Wylly Acad. v. Sanford
  17 Fla. 162· Fla.· 1879-01-01 ·cited 6×
  The Trustees of Wylly Academy sought equitable relief to prevent lienors from collecting more than the contract price for a school building when mechanic's liens exceeded the amount owed the contractor. The Florida Supreme Court held that owners cannot be liable for more than amo
• Bateman v. Fed. Deposit Ins. Corp.
  970 F.2d 924· 1st Cir.· 1992-06-30 ·cited 5×
  The court held that a state law 'consent' for a mechanic's lien does not constitute an 'agreement' under the federal D'Oench, Duhme statute, and therefore does not deprive the contractor of priority over a pre-existing mortgage held by the FDIC.