Mechanic'S Lien

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

• Flood v. Clark
  111 So. 2d 465· Fla. 3d DCA· 1959-04-16 ·cited 4×
  This case involves a dispute over the proper construction fund to be held from payments to a general contractor building a cooperative apartment house. The court upheld that 30% of the contract price must be withheld as a final payment fund, and that unpaid subcontractors and mat
• Gulf Stream Lumber Co. v. Lathrop
  108 So. 2d 55· Fla. 2d DCA· 1959-01-09 ·cited 4×
  The court held that a materialman who provides a receipted bill for an uncollectible check and fails to notify the owner of the non-payment is equitably estopped from claiming a lien for that amount. However, the materialman is not estopped from claiming a lien for materials furn
• Korherr v. A. J. Bumb in Bankr. of Mallard Pond Builders, Inc.
  262 F.2d 157· 9th Cir.· 1958-12-10 ·cited 4×
  A contractor who performs only a portion of the construction work, even if contracting directly with the owner, is not barred by the phrase 'except the contractor' from utilizing the stop notice remedy.
• United States v. Finn
  239 F.2d 679· 9th Cir.· 1956-12-27 ·cited 4×
  The court held that the district court lacked jurisdiction over the Finns' counterclaim because the United States had not waived its sovereign immunity, and that the district court erred in granting affirmative relief to defendants who had not properly filed counterclaims or cros
• Reading v. Blakeman
  66 So. 2d 682· Fla.· 1953-07-31 ·cited 4×
  Reading disputes a bank's claim to a superior lien on property where a home was constructed. The Florida Supreme Court holds that a contractor's mechanic's lien relates back to the visible commencement of construction under statute and cannot be defeated by equitable estoppel mer
• Fla. Steel Supply Corp. v. Carpenter
  66 So. 2d 476· Fla.· 1953-06-05 ·cited 4×
  Florida Steel Supply Corp. sought to foreclose a mechanics' lien for steel columns furnished to a builder for construction of multiple residences in Key West. The Florida Supreme Court affirmed dismissal of the complaint against individual property owners, holding that the lien c
• In re Long Island Props. v. Buckley
  143 F.2d 349· 2d Cir.· 1944-06-16 ·cited 4×
  The court held that mechanic's liens, once allowed as secured claims in bankruptcy reorganization proceedings, retain that status even if the statutory period for refiling expires during the proceedings, as the bankruptcy court's order fixes their validity.
• Biscayne Tr. Co. under the Last Will & Testament of Alexander F. Dulbs (also known as A. F. Dulbs) v. Wolpert Realty & Improvement Co.
  100 Fla. 1070· Fla.· 1930-10-29 ·cited 4×
  Biscayne Trust Company, as executor of A.F. Dulbs's estate, sought to foreclose a mechanic's lien against two buildings on separate lots for plumbing work performed under two separate contracts. The Florida Supreme Court held that mechanic's liens follow the contract structure: s
• Serv. Lumber & Supply Co. v. Cox
  98 Fla. 405· Fla.· 1929-09-17 ·cited 4×
  Service Lumber & Supply Company appealed a decree enforcing J. A. Cox's mechanic's lien for materials and labor supplied during construction of a house on property in Vero Beach, Florida. The court upheld the lien against three challenges and affirmed the decree.
• CDI Contractors, LLC. v. Allbrite Elec. Contractors, Inc.
  836 So. 2d 1031· Fla. 5th DCA· 2002-12-27 ·cited 3×
  The trial court erred in merging two separate cases into one for the purpose of awarding attorney's fees, as consolidation does not affect the substantive rights of the parties.
• Barlow v. Molloy
  773 So. 2d 93· Fla. 5th DCA· 2000-11-03 ·cited 3×
  The Barlows sought to discharge a mechanics lien filed by their general contractor Molloy. The trial court discharged the original lien but refused to discharge an amended lien filed within the statutory 90-day period. The appellate court affirmed, holding that an amended claim o
• Baumgartner Constr. Co., Inc. v. Harrell
  364 So. 2d 802· Fla. 1st DCA· 1978-11-14 ·cited 3×
  Baumgartner Construction disputes a mechanics lien foreclosure judgment filed by subcontractor Harrell on subdivision improvements. The court affirms in part and reverses in part, holding that subdivision improvement lienors need not provide notice to owners and owners need not f
• Aalco Constr. Co. v. F. H. Linneman Constr. Co., Inc.
  399 F.2d 516· 10th Cir.· 1968-09-04 ·cited 3×
  The court held that an oral agreement to indemnify is enforceable under Oklahoma law and is not subject to the Statute of Frauds, and that the trial court's findings of fact were supported by substantial evidence.
• Forrest T. GAY et ux. v. Mujica
  170 So. 2d 83· Fla. 2d DCA· 1964-12-23 ·cited 3×
  This is a case of first impression regarding mechanic's liens in Florida. The court held that lienholders have up to one year from filing a claim of lien to file a notice of pendency of action, and this notice may be filed after a counterclaim is answered, not necessarily contemp
• Ferd Meyer and Rosalyn Meyer v. Mose Solomon
  107 So. 2d 775· Fla. 3d DCA· 1958-11-20 ·cited 3×
• Rockmore v. Lehman
  128 F.2d 564· 2d Cir.· 1942-05-21 ·cited 3×
  The court held that assignments of rights under an existing contract, even for security, are valid under New York law, distinguishing them from assignments of future promises or after-acquired property.
• Union Indem. Co. of New Orleans v. Worthingstun
  98 Fla. 242· Fla.· 1929-07-30 ·cited 3×
  Union Indemnity Company, as surety on a bond, sought to recover through subrogation after paying a judgment obtained by materialmen Blitch and Parish against a homestead property owner. The Florida Supreme Court reversed, holding that the statutory bond released the materialmen's
• Fischer-McGANN, Inc. v. Gene B. Glick Co., Inc.
  715 So. 2d 994· Fla. 4th DCA· 1998-07-01 ·cited 2×
  The court held that the trial court erred in applying the law of the case to allow the general contractor to offset the full amount of sub-subcontractor lien claims, rather than only amounts actually paid or recovered by those sub-subcontractors.
• Architectural Complements, Inc. v. R.G. Brown Props., Inc.
  686 So. 2d 678· Fla. 2d DCA· 1996-12-18 ·cited 2×
• Alfred Karram, III, Inc. v. Cantor
  634 So. 2d 210· Fla. 4th DCA· 1994-03-23 ·cited 2×
  A corporation performing architectural services for a single-family home is not barred from enforcing its contract claim due to lacking a certificate of authorization, but it is not entitled to a mechanic's lien on unimproved property.
• Prosperi v. Code, Inc.
  609 So. 2d 59· Fla. 4th DCA· 1992-11-04 ·cited 2×
  The court affirmed the denial of attorney's fees to a property owner who prevailed on a mechanics lien defense but lost on a related breach of contract claim, declining to extend the Moritz prevailing-party test to mechanics lien statutes without supreme court guidance.
• Young v. G & S Bldg. Supply, Inc.
  603 So. 2d 667· Fla. 4th DCA· 1992-08-12 ·cited 2×
  The court held that the trial court did not abuse its discretion in finding no waiver of the mechanic's lien rights and no detrimental reliance for estoppel.
• Shear v. Hornsby & Whisenand, P.A.
  603 So. 2d 129· Fla. 3d DCA· 1992-08-11 ·cited 2×
  The court held that the record was not sufficiently developed to grant summary judgment, as genuine issues of material fact remained regarding attorney fee liability advice.
• The Burke Co. v. Bruce M. Ross Co.
  585 So. 2d 382· Fla. 1st DCA· 1991-08-15 ·cited 2×
  Burke Company, a rental equipment supplier, appealed a summary judgment denying recovery against a public construction payment bond because its notice of nonpayment was given within 90 days of the last use of equipment but not within 90 days of its last delivery. The First Distri
• Leila Buchanan v. Fed. Sav. & Loan Ins. Corp. for First Tex. Sav. Ass'n
  935 F.2d 83· 5th Cir.· 1991-07-10 ·cited 2×
  The D’Oench, Duhme doctrine bars a debtor's claims against a financial institution's successor when the debtor lent herself to a scheme or arrangement likely to mislead banking authorities, even if the debtor's conduct was not overtly reckless.
• Stresscon v. Reynaldo Madiedo
  581 So. 2d 158· Fla.· 1991-06-13 ·cited 2×
  The failure to notarize an otherwise timely and accurate statement of account under section 713.16(2), Florida Statutes, cannot be cured by subsequent verification, even without prejudice to the opposing party.
• Fort v. Lopez
  580 So. 2d 227· Fla. 5th DCA· 1991-05-02 ·cited 2×
  A Florida appellate court affirmed that a contractor seeking to foreclose a mechanics' lien must deliver a required affidavit to the owner as a condition precedent to perfecting the lien, and failure to allege and prove such delivery in the complaint fails to state a cause of act
• Wilfredo Fleitas & Nicolasa Fleitas & Jogar Remodeling Servs., Inc. v. Julson, Inc.
  580 So. 2d 636· Fla. 3d DCA· 1991-03-19 ·cited 2×
  A subcontractor corporation sought to recover payment for structural work on a house under Florida's Mechanic's Lien Law, claiming status as a "laborer" and asserting equitable lien and implied contract theories. The appellate court reversed, holding that the subcontractor did no
• Tremack Co. v. Fed. Ins. Co.
  569 So. 2d 1355· Fla. 3d DCA· 1990-11-13 ·cited 2×
  The court held that a claimant seeking recovery on a payment bond, who furnishes materials and hires other workers, is not a 'laborer' exempt from the statutory notice requirement.
• Irenee ROY v. Enter. Bldg. Corp.
  561 So. 2d 341· Fla. 2d DCA· 1990-04-20 ·cited 2×
  Roy, who recorded a first mortgage on property owned by a condominium developer, appealed from summary judgments favoring Enterprise, a general contractor with a mechanic's lien, in both Enterprise's lien foreclosure action and Roy's counterclaim for mortgage foreclosure. The cou
• Blanco, Inc. v. Porras
  897 F.2d 788· 5th Cir.· 1990-04-04 ·cited 2×
  A mechanics' lien affidavit is valid if it contains a nucleus of information allowing identification of the property, and Texas law does not limit a rural mechanics' lien to fifty acres under the predecessor statute. However, a purchaser of property at a foreclosure sale who does
• Corp. OF THE President OF THE Latter DAY Church OF Jesus Christ & Fireman's Ins. Co. of Newark v. Seymour Elec. Supply Co., Inc.
  558 So. 2d 88· Fla. 1st DCA· 1990-02-28 ·cited 2×
  The court held that the church was exempt from mechanic's liens due to a payment bond, and the materialman's failure to provide statutory notices barred recovery against the surety.
• Lawyers Title Ins. Corp. v. Honolulu Fed. Sav. & Loan Ass'n
  900 F.2d 159· 9th Cir.· 1990-01-11 ·cited 2×
  The court held that the estoppel certificates did not waive the lessor's right to cancel the leases, and therefore the mechanic's liens constituted an insurable loss under the title policy.
• Black v. Cousins Constr. Co.
  556 So. 2d 1146· Fla. 2d DCA· 1989-12-22 ·cited 2×
  The court held that prejudgment interest should not have been awarded on the amount Cousins owed for mechanics' lien services, as Cousins did not incur a loss until that debt was reduced to judgment.
• Marks Landscape & Paving Co. v. R.P.B. Indus. Park, Inc.
  552 So. 2d 256· Fla. 4th DCA· 1989-11-08 ·cited 2×
  Marks Landscape & Paving Co. appealed a trial court judgment denying foreclosure of its mechanics' lien on property where it performed paving work. The Fourth District Court of Appeal reversed, holding that the statutory proper payments provisions do not apply to mechanics' liens
• ALL State Plumbing, Inc. v. Mut. Sec. Life Ins. Co.
  537 So. 2d 598· Fla. 3d DCA· 1988-11-15 ·cited 2×
  Subcontractors without privity to a mortgagee cannot establish an equitable lien superior to a prior recorded mortgage, and a mechanics lien that is foreclosed merges into the resulting judgment, which remains inferior to the prior mortgage.
• Howell v. Brock
  530 So. 2d 473· Fla. 5th DCA· 1988-09-01 ·cited 2×
  The court held that the plaintiff's affidavit in support of summary judgment was insufficient to negate the defendant's affirmative defenses and counterclaims, thus creating triable issues of fact.
• Otis Elevator Co. v. Emp'rs Ins. OF Wausau
  526 So. 2d 727· Fla. 3d DCA· 1988-05-24 ·cited 2×
  Otis Elevator Company appeals a summary judgment dismissing its claim against a surety on a contractor's bond for an unpaid balance. The court reversed, holding that the nature and timing of post-installation maintenance work under the subcontract present a material factual quest
• United States Fid. & Guar. Co. v. Miami Sheet Metal Prods., Inc.
  516 So. 2d 29· Fla. 3d DCA· 1987-11-24 ·cited 2×
  A payment bond surety may raise the defense of negligent performance by a subcontractor on a public construction project, contrary to the trial court's summary judgment.
• McCURRY v. Eppolito
  506 So. 2d 1110· Fla. 1st DCA· 1987-05-06 ·cited 2×
  Attorney McCurry was found liable for legal malpractice when he failed to advise his clients, the Eppolitos, to comply with Florida's Mechanics' Lien Law procedures upon recommencing construction after terminating their general contractor. The Eppolitos incurred over $50,000 in m
• United States for the Use & Benefit of Balboa Ins. Co. v. Algernon Blair, Inc.
  795 F.2d 404· 5th Cir.· 1986-07-25 ·cited 2×
  The court held that the SBA's involvement in financing litigation through its surety bond guarantee program does not violate public policy or constitute champerty, and that a valid assignment of a Miller Act claim grants the assignee standing to sue.
• Inryco, Inc. v. Eatherly Constr. Co. & Safeco Ins. Co. of Am.
  793 F.2d 767· 6th Cir.· 1986-06-19 ·cited 2×
  A material supplier to a subcontractor is not a protected party under performance and payment bonds for public highway projects, as they do not qualify as a subcontractor or remote subcontractor under Tennessee law.
• In re Pentell v. Pentell
  777 F.2d 1281· 7th Cir.· 1985-11-27 ·cited 2×
  The bankruptcy court lacked jurisdiction over the insurance proceeds because the record did not establish they were part of the debtor's individual estate.
• 1616 Reminc Ltd. P'ship v. Commonwealth Land Title INS. Co.
  778 F.2d 183· 4th Cir.· 1985-11-27 ·cited 2×
  The court held that the district court properly found a breach of contract but erred in calculating the interest accrual date; attorney's fees were correctly awarded.
• Am. Diversified Dredging, Inc. v. Nautilus Constr. Corp.
  457 So. 2d 597· Fla. 2d DCA· 1984-10-17 ·cited 2×
  American Diversified Dredging, Inc. was entitled to recover attorney's fees under Florida's Mechanics' Lien Law after successfully enforcing its lien in an interpleader action, even though the lien was transferred from the real property to a court registry fund. The court rejecte
• Edco Enters., Inc. v. Metro. Dade Cnty. Unsafe Structures Bd. & City of Miami Beach
  458 So. 2d 18· Fla. 3d DCA· 1984-10-09 ·cited 2×
  The court held that the Unsafe Structures Board and the circuit court departed from the essential requirements of law by failing to consider the valuation criteria set forth in the South Florida Building Code when ordering demolition of unsafe structures.
• Sunshine Builders v. Taylor
  456 So. 2d 506· Fla. 4th DCA· 1984-09-05 ·cited 2×
• Allied Glass Corp. v. The Austin Co.
  453 So. 2d 195· Fla. 3d DCA· 1984-07-24 ·cited 2×
  Allied Glass sued to discharge a mechanic's lien filed by Shatterproof Glass, which countered by enforcing the lien and blaming design defects on third-party defendant Austin Company. After Allied and Shatterproof settled, the trial court awarded Austin attorney's fees under Flor
• R.J. Pavlik v. Acousti Eng'g Co. OF Fla.
  448 So. 2d 638· Fla. 4th DCA· 1984-04-25 ·cited 2×
  This concurring opinion discusses the importance of considering legal theory and value judgments in judicial decisions, particularly regarding attorney's fees, and clarifies the holding of a prior case, Thomas v. Thomas, regarding the calculation of attorney's fees in divorce pro
• Arabi Homes, Inc. v. Bachrach
  446 So. 2d 725· Fla. 2d DCA· 1984-03-14 ·cited 2×
  Arabi Homes appealed a summary judgment in a mortgage foreclosure action that eliminated its mechanic's lien claim. The court reversed the summary judgment, finding it premature because the defendant failed to properly raise the contractor's affidavit requirement in its motion, b