Mechanic'S Lien

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

• The Fla. Bar in re Advisory Opinion-Nonlawyer Preparation of Notice to Owner & Notice to Contractor
  544 So. 2d 1013· Fla.· 1989-06-01 ·cited 5×
  Florida's Supreme Court held that nonlawyers may prepare and serve statutory Notice to Owner and Notice to Contractor forms in mechanics' lien matters without constituting unlicensed practice of law, provided they do not give legal advice. The decision affirms that form completio
• Fed. Deposit Ins. Corp. v. KEY Biscayne Dev. Ass'n
  858 F.2d 670· 11th Cir.· 1988-10-25 ·cited 5×
• Royal Ambassador Condo. Ass'n, Inc. v. E. Coast Supply Corp.
  495 So. 2d 932· Fla. 4th DCA· 1986-09-10 ·cited 5×
  Royal Ambassador Condominium Association appealed a summary judgment awarding East Coast Supply Corp. a mechanic's lien on condominium property for roofing materials. The court held that while East Coast's lien description was overbroad, it could be enforced against individual un
• Hilton v. Florio
  317 So. 2d 83· Fla. 3d DCA· 1975-07-29 ·cited 5×
  This case involves a petition for certiorari challenging a circuit court's affirmation of a county court order that dismissed defendants' counterclaim without notice and entered final judgment ex parte. The court granted the petition and reversed, finding that the circuit court d
• Vicente F. Dominguez v. Bienvenido M. Benach, Jr.
  277 So. 2d 567· Fla. 3d DCA· 1973-05-08 ·cited 5×
  Florida appellate court reversed the trial court's denial of attorney fees to the party who successfully defended against a mechanic's lien counterclaim, affirming the dismissal of the underlying contract claims.
• Berkowitz v. Anderson & Wallace Constr. Co., Inc.
  260 So. 2d 551· Fla. 3d DCA· 1972-04-04 ·cited 5×
  Homeowners appealed a foreclosure judgment on a mechanics' lien filed by a construction contractor. The court affirmed the contractor's right to recover for work performed but modified the judgment to allow a setoff for defective work that the homeowners were forced to pay anothe
• Westinghouse Elec. Corp. v. Carol Fla. Corp.
  122 So. 2d 795· Fla. 3d DCA· 1960-07-28 ·cited 5×
  Two electrical contractors sought to foreclose mechanics' liens against a Miami Beach hotel owner and general contractor. The trial court dismissed both claims at the close of plaintiffs' case, but the appellate court affirmed the dismissal of B. & W. Company's claim while revers
• Johnson Lumber & Supply Co., Inc. v. Byron
  113 So. 2d 577· Fla. 2d DCA· 1959-07-01 ·cited 5×
  A materialman's dispute over whether a discount taken on a note and mortgage assigned by a contractor should reduce the materialman's mechanics' lien claim. The court held that the discount was a separate transaction and does not reduce the lien amount, but affirmed the lower cou
• James B. Pirtle Constr. Co., Inc. v. Warren Henry Automobiles, Inc.
  Fla. 3d DCA· 2021-10-20 ·cited 4×
  Pirtle Construction sought certiorari review of a trial court order discharging its construction lien against Warren Henry Automobiles' leasehold interest in municipal property. The Third District Court of Appeal granted the petition, holding that Pirtle's lien can only attach to
• Daake v. Decks N Such Marine, Inc.
  201 So. 3d 179· Fla. 1st DCA· 2016-08-29 ·cited 4×
  A contractor sued homeowners for breach of contract regarding construction of seawalls. The trial court found a valid contract existed between the contractor and the homeowners' family trust, but denied quantum meruit relief because the contractor failed to plead a breach of cont
• Doug Hambel's Plumbing, Inc. v. Miles V. Conway
  831 So. 2d 704· Fla. 4th DCA· 2002-10-30 ·cited 4×
  A subcontractor who performed plumbing work without a written contract sued the homeowner for damages and to foreclose a mechanic's lien. The trial court awarded damages based on a contract implied in law but denied the lien, reasoning that a quantum meruit count did not allege a
• Shaw v. Schlusemeyer
  683 So. 2d 1187· Fla. 5th DCA· 1996-12-20 ·cited 4×
  A party is not entitled to attorney's fees as a prevailing party when a complaint is dismissed without prejudice on procedural grounds, allowing the plaintiff to amend.
• Current Control, Inc. v. Bankers Ins. Co.
  679 So. 2d 78· Fla. 5th DCA· 1996-09-12 ·cited 4×
  Current Control sought to enforce a mechanic's lien claim in county court, but the claim had been transferred to a surety bond provided by Bankers Insurance. The circuit court issued a writ of prohibition preventing the county court from hearing the case, and the appellate court
• Viyella Co. v. Gomes
  657 So. 2d 83· Fla. 3d DCA· 1995-07-19 ·cited 4×
  A contractor's lien is unenforceable if the contractor willfully exaggerates the amount claimed or includes work not performed, as this constitutes a fraudulent lien.
• C.L. Whiteside & Assocs. Constr. Co., Inc. v. The Landings Joint Venture
  626 So. 2d 1051· Fla. 4th DCA· 1993-11-10 ·cited 4×
  C.L. Whiteside & Associates Construction Co., a subcontractor, challenged a summary judgment dismissing its mechanic's lien claim for failure to provide notice to the property owner. The court reversed, holding that questions of common identity between owner and general contracto
• Uhley v. Tapio Constr. Co., Inc.
  573 So. 2d 390· Fla. 4th DCA· 1991-01-16 ·cited 4×
  Homeowners successfully appealed a judgment favoring a construction company that built their residence at incorrect elevations. The court held that a contractor who relies on a third-party survey containing notations of "assumed" or "assigned" elevations has a duty to independent
• Adee v. Great Se. Carpet Gallery, Inc.
  562 So. 2d 409· Fla. 5th DCA· 1990-06-07 ·cited 4×
  The court held that there was no competent substantial evidence to support a direct contract between the owner and the subcontractor for the installation of floor coverings.
• Stresscon v. Reynaldo Madiedo and Viviana Madiedo
  561 So. 2d 1351· Fla. 3d DCA· 1990-06-05 ·cited 4×
  Stresscon, a sub-subcontractor on a warehouse construction project, filed a mechanic's lien against the Madiedos after not being paid by its contractor who went bankrupt. The trial court granted summary judgment for the Madiedos because Stresscon's statement of account, though ti
• Fed. Sav. & Loan Ins. v. Homes Int'l Dev. Corp.
  721 F. Supp. 290· S.D. Fla.· 1989-09-07 ·cited 4×
  The D'Oench, Duhme doctrine estops Twin from asserting its mechanics lien priority against FSLIC, as the doctrine protects FSLIC from unrecorded agreements that could mislead it in assessing the value of assets acquired from failed financial institutions.
• In re Knightsbridge Dev. Co. Inc. v. McCARTHY Constr. Co.
  884 F.2d 145· 4th Cir.· 1989-09-01 ·cited 4×
  The court held that a post-petition arbitration award violated the automatic stay because the panel's deliberations occurred after the bankruptcy filing, but a post-petition amendment to a lis pendens did not violate the stay as it had no effect on the bankruptcy estate.
• Oolite Indus., Inc. v. Millman Constr. Co., Inc.
  501 So. 2d 655· Fla. 3d DCA· 1987-01-06 ·cited 4×
  Oolite Industries, a materialman to a subcontractor, sought to perfect a mechanic's lien against a payment bond for fabricated materials. The court held that materialmen must file a 45-day notice under Florida Statute § 713.23(1)(d) to claim against a payment bond, even for speci
• Legault v. Suncoast Lawn Serv., Inc.
  486 So. 2d 72· Fla. 4th DCA· 1986-04-09 ·cited 4×
  Appellant Legault challenged a mechanic's lien foreclosure judgment entered against him by Suncoast Lawn Service for lawn mowing and shrub cutting services. The Fourth District Court of Appeal reversed, holding that routine maintenance landscaping services do not qualify for mech
• In re Daves v. Daves
  770 F.2d 1363· 5th Cir.· 1985-09-19 ·cited 4×
  The court held that an equitable lien cannot be imposed on Texas homestead property when constitutional and statutory requirements for fixing such a lien have not been met, and that a constructive trust is not an appropriate remedy to secure a lien on homestead property.
• Isle OF Sandalfoot Contractors, Inc. v. Jess Leisch-General Contractors, Inc.
  426 So. 2d 1223· Fla. 4th DCA· 1983-02-09 ·cited 4×
  Isle of Sandalfoot Contractors and Helf-Life appealed the denial of their motion to vacate a default judgment in a mechanics lien foreclosure action. The court held that the amended complaint filed four days after the original complaint superseded the original complaint, and sinc
• Ltd Commodities, Inc. v. Igor G. Perederij & Beacon Data Processing Serv. Corp.
  699 F.2d 404· 7th Cir.· 1983-02-08 ·cited 4×
  The dissenting judge argues the district court abused its equity power by ordering payment of Data's claim from a letter of credit without adequate security for LTD.
• United States v. Ins. Co. OF N. Am.
  695 F.2d 455· 10th Cir.· 1982-11-15 ·cited 4×
  The Miller Act is not an exclusive remedy, and a supplier can pursue a common law quantum meruit claim for unjust enrichment against a general contractor.
• G. W. Martin Seawall, Inc. v. Flagship First Nat'l Bank OF Miami
  388 So. 2d 623· Fla. 4th DCA· 1980-09-24 ·cited 4×
• Canam Sys., Inc. v. Lake Buchanan Dev. Corp. & United Gen. Corp.
  375 So. 2d 582· Fla. 5th DCA· 1979-08-22 ·cited 4×
  CANAM Systems appealed the dismissal of its mechanics' lien foreclosure action. The court affirmed the trial court's dismissal because CANAM failed to file suit against the surety and principals on the transferred lien bond within one year of lien recordation, as required by Flor
• In re Cnty. Green Ltd. P'ship v. Lawyers Title Ins. Corp.
  604 F.2d 289· 4th Cir.· 1979-07-31 ·cited 4×
  The court held that the bankruptcy court's decision not to pierce the corporate veil was not clearly erroneous, reversing the district court's decision.
• W. N. Robbins Elec., Inc. v. Intercontinental Grp., Inc.
  374 So. 2d 21· Fla. 3d DCA· 1979-07-03 ·cited 4×
  A claimant alleging a lien under Section 713.06 must serve notice or allege excuse, and a claim under Section 713.05 requires privity with the owner.
• Koppers Co., Inc. v. Garling & Langlois
  594 F.2d 1094· 6th Cir.· 1979-03-21 ·cited 4×
  The court held that a disbursing agent for a construction loan does not owe a duty to subcontractors absent specific statutory or contractual provisions creating such a duty.
• C. B. Jackson & Sons Constr. Co. v. Davis
  365 So. 2d 207· Fla. 3d DCA· 1978-12-12 ·cited 4×
• Cohen v. Lunsford
  362 So. 2d 383· Fla. 1st DCA· 1978-08-22 ·cited 4×
  The court held that statutory payment bonds, even with a condition limiting the surety's liability to the owners, exempt owners from liability to subcontractors, as the condition only affects the surety's liability to the owners and not the subcontractor's rights.
• Alpha Elec. Supply, Inc. v. F. Feaster, Inc.
  358 So. 2d 892· Fla. 2d DCA· 1978-05-17 ·cited 4×
  A valid payment bond furnished by the general contractor is a complete defense to a suit on a subsequently filed transfer bond, but this defense must be properly alleged and proven, not raised by a motion to dismiss. Furthermore, the subcontractor is not an indispensable party to
• Willow Creek Lumber Co., Inc. v. Porter Cnty. Plumbing & Heating, Inc.
  572 F.2d 588· 7th Cir.· 1978-03-16 ·cited 4×
  The federal lien is entitled to priority over the mechanics' liens because the mechanics' liens were not 'choate' when the federal lien arose.
• Hawaiian INN OF Daytona Beach, Inc. v. Robert Myers Painting, Inc.
  363 So. 2d 125· Fla. 1st DCA· 1978-01-19 ·cited 4×
  In this consolidated appeal involving two mechanic's lien foreclosure cases, the court held that a subcontractor cannot enforce a lien against a property owner when the subcontractor deviated from specifications without authorization, but can enforce a lien against a general cont
• Orlando Cent. Park, Inc. v. Master Door Co. OF Orlando, Inc.
  303 So. 2d 685· Fla. 4th DCA· 1974-12-06 ·cited 4×
  The appellate court reviewed a trial court's denial of a motion to dismiss, which was based on the trial court's finding that a lien waiver provision in a subcontract was ambiguous and thus unenforceable.
• Robb v. Lott Paving Co., Inc.
  289 So. 2d 776· Fla. 4th DCA· 1974-02-15 ·cited 4×
  A general contractor sought to enforce a mechanic's lien against both a lessee and the lessor-owner of property where improvements were made. The trial court dismissed the claim, but the appellate court reversed, holding that allegations of mandatory lease requirements for improv
• Reddick v. Christie
  226 So. 2d 434· Fla. 4th DCA· 1969-09-22 ·cited 4×
  In this construction contract dispute, a general contractor filed a suit titled "Petition for Declaratory Decree" against building owners and subcontractors seeking payment for construction work. The trial court awarded judgment to the contractor and subcontractors, but the appel
• United Bonding Ins. Co. v. Atl. Roofing & Sheet Metal Co., Inc.
  221 So. 2d 461· Fla. 1st DCA· 1969-02-06 ·cited 4×
  The court consolidated four appeals from orders dismissing counterclaims and crossclaims filed by a contractor and its surety against a lender and an owner in a foreclosure action.
• Dade AIR Conditioning & Heating Corp. v. Jannach
  218 So. 2d 193· Fla. 3d DCA· 1969-01-21 ·cited 4×
  The court held that even if submitting an equity action to a jury was error, it was not reversible error given the parties' consent and the specific facts.
• York Corp. v. J. H. Brock In Corporate Reorganization for the Wingreen Co.
  405 F.2d 759· 5th Cir.· 1969-01-07 ·cited 4×
  The court held that the trial court was justified in finding that the lien claimant failed to prove that work or materials were furnished under the sales contract after September 20, 1965, thus affirming the disallowance of the lien.
• Davis Eng'g, Inc. v. Purcel
  202 So. 2d 827· Fla. 4th DCA· 1967-09-29 ·cited 4×
  Davis Engineering appealed an order dismissing its mechanic's lien foreclosure action for failure to comply with statutory requirements. The court held that architects claiming liens for professional services are subject to the same contractor affidavit requirements as other cont
• Sheridan, Inc. v. Palchanis
  172 So. 2d 872· Fla. 2d DCA· 1965-03-19 ·cited 4×
  The court held that the layout work performed on a vacant lot did not constitute a 'visible commencement of operations' such that mechanics' liens would take priority over previously recorded mortgages.
• Russell v. Farrey's Wholesale Hardware Co., Inc.
  163 So. 2d 513· Fla. 3d DCA· 1964-04-28 ·cited 4×
  The court held that substantial compliance with the mechanic's lien statute is sufficient, and the appellants failed to show injury from any non-compliance.
• Maas Bros., Inc. v. Guar. Fed. Sav. & Loan Ass'n
  157 So. 2d 528· Fla. 2d DCA· 1963-10-23 ·cited 4×
  Maas Brothers, a carpet vendor, appeals a summary judgment granting an injunction in favor of Guaranty Federal Savings and Loan Association (the mortgagee) over wall-to-wall carpeting installed in model homes. The appellate court reverses, holding that the carpeting remained pers
• Hartstone Concrete Prods. Co., Inc. v. Abe Verkauf
  147 So. 2d 194· Fla. 2d DCA· 1962-11-28 ·cited 4×
  A mechanic's lienor failed to file its lien claim within three months of the last materials furnished, though it filed within one year. A mortgage was recorded two days after the lien was filed. The court held that the mechanic's lienor must file within three months to preserve p
• Mack Indus., Inc. v. Donald W. Nelson, Inc.
  134 So. 2d 821· Fla. 2d DCA· 1961-11-15 ·cited 4×
  Mack Industries appealed a mortgage foreclosure decree, challenging the trial court's finding that excavation and fill work performed before the mortgage was recorded did not constitute visible commencement under Florida's Mechanics' Lien Law, and thus did not give its lien prior
• Sterling Apts., Inc. v. ARCH Creek Lumber Co.
  113 So. 2d 711· Fla. 3d DCA· 1959-06-25 ·cited 4×
  A materialman to a subcontractor can obtain a mechanic's lien against the owner if the contractor uses the materials and assumes the obligation to pay, creating an estoppel. A subcontractor cannot obtain a judgment against the owner in a lien foreclosure action without first esta
• Sinclair Ref. Co. v. J. H. Cobb, Inc.
  112 So. 2d 582· Fla. 2d DCA· 1959-06-05 ·cited 4×
  Sinclair Refining Company appealed the dismissal of its cross-complaint in a mechanic's lien action, arguing it had complied with Florida's statutory 20% withholding requirement under section 84.05(11)(a) even though its contract specified 80% progress payments rather than withho