Notice Of Lien

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

• Bowery v. Searles Babbit
  99 Fla. 1151· Fla.· 1930-05-20 ·cited 91×
  Bowery sought to enforce a mechanic's lien for labor and materials supplied in constructing buildings on real property, intervening in a mortgage foreclosure action. The supreme court affirmed dismissal of his lien claim, holding that under Florida law, when a statute creates bot
• Daniel Mones, P.A. v. Smith
  486 So. 2d 559· Fla.· 1986-03-20 ·cited 85×
  The Florida Supreme Court held that an attorney may claim a valid retaining lien on client settlement proceeds held in trust to secure payment of disputed fees for services rendered, but may not claim a charging lien without proper notice during the original proceeding. The court
• Peoples Bank of Jacksonville v. Bridge
  94 Fla. 474· Fla.· 1927-08-01 ·cited 77×
  This case addresses whether a mortgagee who takes a mortgage while building construction is in progress has constructive notice of a material man's lien acquired before the mortgage was recorded, even if the lien notice was not recorded within three months of the material's deliv
• Alabama-Florida Co. v. Mays
  111 Fla. 100· Fla.· 1933-06-15 ·cited 66×
  Alabama-Florida Co., assignee of a mortgage and promissory notes, sought to enforce a lien on real property conveyed to subsequent purchasers who did not assume the mortgage debt, claiming the mortgagee acquired a vendor's lien through the original purchaser's assumption agreemen
• Weed v. Horning
  159 Fla. 847· Fla.· 1947-12-16 ·cited 58×
  Robert L. Weed, Architect, Inc. sought to foreclose a mechanic's lien on leasehold property for architectural and supervisory services rendered in constructing improvements on a race track, despite a lease provision prohibiting such liens and the lessee's bankruptcy. The Florida
• Harper Lumber & Mfg. Co. v. Teate
  98 Fla. 1055· Fla.· 1929-12-07 ·cited 50×
  Harper Lumber appeals from dismissal of its suit to enforce a materialman's lien against real property. The court holds that while Harper failed to comply with statutory notice requirements for creditors not in privity with the owner, the owner's express promise to pay the claim
• Tallahassee Variety Works v. Brown
  106 Fla. 599· Fla.· 1932-01-08 ·cited 47×
  The Florida Supreme Court reversed a lower court dismissal of a materialman's claim against a married woman's separate property, holding that constitutional provisions allow a woman's separate property to be charged in equity for materials furnished in construction with her knowl
• Anderson Mild & Lumber Co. v. Clements
  101 Fla. 523· Fla.· 1931-05-07 ·cited 40×
  Anderson Mild and Lumber Company sought to enforce a material man's lien against real property owned by the Clements. The Florida Supreme Court held that while the lien was timely filed and the suit was brought within the statutory period, the lien could not be enforced against t
• McQueen v. M. & J. Fin. Corp.
  59 So. 2d 49· Fla.· 1952-05-20 ·cited 33×
  The Florida Supreme Court affirmed a judgment against a car buyer who failed to obtain a Florida certificate of title before purchasing a vehicle, holding that this failure prevented him from being considered a bona fide purchaser and thus liable for converting the security inter
• Crown Corp. v. Robinson
  128 Fla. 249· Fla.· 1937-05-20 ·cited 30×
  Crown Corporation appeals a decree establishing the priority of liens on Florida ocean frontage property. The court affirmed that R.E. Robinson's lien, based on a promissory note with language limiting repayment to funds from 'Ocean Frontage in Palm Beach, Florida,' was superior
• Randall v. Archer
  5 Fla. 438· Fla.· 1854-01-01 ·cited 29×
  This case concerns an attorney's lien for fees. The court held that an attorney's lien follows the proceeds of a decree, even after assignment of the debt, and that the assignee had notice of the lien. The court also clarified the fee structure based on the attorney's contract.
• Flynn-Harris-Bullard Co. v. Johnson
  90 Fla. 654· Fla.· 1925-12-01 ·cited 28×
  The Florida Supreme Court reversed a lower court decree that impressed a laborer's lien on turpentine and rosin products in favor of J. F. Johnson and his assignors, holding that a prior mortgage executed in 1919 by the employers took priority over labor liens accruing in 1920-19
• Hutchins v. Hutchins
  522 So. 2d 547· Fla. 4th DCA· 1988-03-30 ·cited 27×
  In a dissolution of marriage case, the husband appeals a trial court's order enforcing an attorney's charging lien against him for fees owed to his wife's former attorney. The court affirms, holding that an attorney who timely files notice of a charging lien before settlement can
• Curtiss-Bright Ranch Co. v. Selden Cypress Door Co.
  91 Fla. 354· Fla.· 1926-02-26 ·cited 24×
  Curtiss-Bright Ranch Company sought to quiet title to property encumbered by mechanic's liens filed by materialmen and laborers who supplied work and materials to a contractor who abandoned construction. The Florida Supreme Court held that mechanics' lienholders could recover onl
• Samuel L. Heller, P.A. v. Held
  817 So. 2d 1023· Fla. 4th DCA· 2002-06-05 ·cited 23×
  Attorney Samuel Heller sought to recover attorney's fees from defendants who settled a lawsuit with Heller's client without providing Heller notice or payment, despite his valid charging lien. The court reversed summary judgment in the defendants' favor, holding that Heller had p
• The Century Tr. Co. of Baltimore v. The Allison Realty Co.
  105 Fla. 456· Fla.· 1932-05-11 ·cited 22×
  Century Trust Company appeals a decree awarding a mechanic's lien to Allison Realty Company for construction work, which the court held to be superior to Century Trust's three mortgages. The case turns on whether construction work continued after the effective date of Century Tru
• Sikes v. Dade Lumber Co.
  98 Fla. 451· Fla.· 1929-09-19 ·cited 22×
  Dade Lumber Company sought enforcement of a statutory materialman's lien against property owned by Leon R. Sikes for materials furnished during construction. The Florida Supreme Court affirmed the lower court's decree enforcing the lien and ordering sale of the property, rejectin
• Pierson v. Reinhardt
  133 So. 553· Fla.· 1931-04-04 ·cited 21×
  This case clarifies that a contractor furnishing labor and materials to a married woman's separate property with her knowledge and consent does not need to file a "notice of lien" to enforce payment against her property. The court held that the constitutional provision creating t
• Phillips v. Atwell
  76 Fla. 480· Fla.· 1918-11-19 ·cited 20×
  Atwell sued Phillips and the subsequent purchaser McKinney to enforce a statutory laborer's lien on farmland for services rendered under a one-year employment contract. The Florida Supreme Court reversed the lower court's decree, holding that while a lien attached for labor perfo
• Battle v. Jennings Naval Stores Co.
  74 Fla. 12· Fla.· 1917-06-15 ·cited 19×
  In this mortgage foreclosure dispute, the Florida Supreme Court reversed a judgment against Battle, holding that payments credited to a running account secured by mortgage should be applied to extinguish the oldest debts first under the rule from Randall v. Parramore & Smith. Bec
• Alfar Creamery Co. & U. S. Fid. & Guar. Co. v. Williams
  366 So. 2d 458· Fla. 4th DCA· 1978-12-20 ·cited 18×
  A workers' compensation insurance carrier sought equitable distribution of an injured employee's judgment against a third-party tortfeasor (railroad company), but the trial court denied the claim because the carrier failed to record its notice of lien as required by Florida statu
• Madeleine L. Browne v. Park
  144 Fla. 696· Fla.· 1940-11-05 ·cited 17×
  A mechanic's lien creditor enforced a lien against a widow's two-thirds interest in property without joining the owner of the remaining one-third interest. The Florida Supreme Court affirmed the enforcement, holding that Chapter 17097 permits enforcement of liens against an owner
• John Bowen & the First Nat'l Bank of Graceville v. Grace
  64 Fla. 28· Fla.· 1912-06-01 ·cited 17×
  This case concerns a vendor's lien on land. The court held that a vendor's lien was validly established and enforceable against a subsequent purchaser (a bank) who had actual notice of the lien, even though the vendor had accepted a promissory note and the bank had provided funds
• Warren v. Bill RAY Constr. Co., Inc.
  269 So. 2d 25· Fla. 3d DCA· 1972-11-21 ·cited 16×
  Contractors sued to foreclose a mechanics' lien for concrete work. The trial court granted summary judgment against them based on alleged defects in notice timing and lack of occupational license. The appellate court reversed, holding that the late notice did not vitiate the lien
• Citizens Nat. Tr. & Sav. Bank of Los Angeles v. United States
  135 F.2d 527· 9th Cir.· 1943-04-28 ·cited 16×
  The dissenting judge believes the tax lien should not attach to after-acquired property when the lien was not recorded and the third party had no notice of an extension agreement.
• Clarkson v. Louderback
  36 Fla. 660· Fla.· 1895-06-01 ·cited 15×
  James L. Clarkson appealed a decree establishing that a mechanic's lien assigned to the appellees took priority over his subsequent mortgage interest on property in Kissimmee, Florida. The Florida Supreme Court affirmed, holding that statutory mechanic's liens are assignable and
• LaFayette Wooten v. Bellinger
  17 Fla. 289· Fla.· 1879-06-01 ·cited 15×
  A seller seeking to enforce an equitable lien for unpaid purchase money on land and crops against a subsequent mortgage creditor who financed the crop. The court held that a defendant cannot obtain affirmative relief solely through an answer and must file a cross-bill, and that a
• Seedhouse v. Broward
  34 Fla. 509· Fla.· 1894-06-01 ·cited 14×
  Seedhouse sought to foreclose on a mortgage securing a loan to Dagenhart for purchase of machinery to be placed on property owned by Dagenhart's wife, Mary. The lower court sustained demurrers to the amended bill and dismissed the case. The Supreme Court of Florida reversed, hold
• Snow v. Lake's Administrator
  20 Fla. 656· Fla.· 1884-01-01 ·cited 14×
  The Florida Supreme Court affirmed a mortgage foreclosure decree against Long, who purchased mortgaged property via quitclaim deed from the mortgagor Snow. The court held that a quitclaim deed conveys only the grantor's existing interest (here, the equity of redemption), placing
• Reardon v. United States & the United States Env't Prot. Agency
  947 F.2d 1509· 1st Cir.· 1991-10-29 ·cited 13×
  The dissenting judge argues that CERCLA liens are not 'enforcement activities' and that pre-enforcement review of such liens by innocent landowners is constitutionally permissible under due process. The judge believes a reasonable interpretation of the statute allows for such rev
• Nutt v. E. W. Codington et ux
  34 Fla. 77· Fla.· 1894-06-01 ·cited 13×
  In this equity suit, Nutt sought to enforce a mechanic's lien against property owned by Mrs. Codington for plastering work performed in 1886-1887. The Florida Supreme Court affirmed dismissal of the bill, holding that Nutt failed to prove specific items and values of work and mat
• United States & Ellis Campbell, Jr. v. Creamer Indus., Inc.
  349 F.2d 625· 5th Cir.· 1965-07-02 ·cited 12×
  The federal tax lien does not attach to property that was erroneously omitted from a deed when the United States had no notice of the buyer's equitable right to reformation at the time the lien arose.
• 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
• Gaebe v. Bradt
  704 So. 2d 618· Fla. 4th DCA· 1997-10-29 ·cited 10×
  A law firm appealed an order denying enforcement of an attorney's charging lien against a tortfeasor and insurance carrier, arguing that timely filing of the lien before case dismissal constituted sufficient notice. The court reversed, holding that filing a charging lien before c
• Luddy Gene Kight and Sandra M. Kight v. Capeletti Bros.
  384 So. 2d 1302· Fla. 4th DCA· 1980-06-04 ·cited 10×
  The Court held that the Deputy Commissioner's determination that the decedent's death arose out of and in the course of employment is not irrational or unsupported by substantial evidence, and thus the Court of Appeals erred in reversing the award.
• Solomon v. Nw. State Bank
  327 F.2d 720· 8th Cir.· 1964-02-24 ·cited 10×
  The court held that the Factor's Lien Agreement was valid and enforceable against the trustee, and that the District Court's interpretation of the Minnesota Factor's Lien Act was permissible.
• Perfecto Velazquez v. Luciano Suarez
  113 Fla. 856· Fla.· 1934-02-05 ·cited 10×
  This case concerns the strict requirements for a materialman's lien notice on an estate by the entireties in Florida. The court held that the notice was insufficient because it failed to describe the nature and character of the labor and materials furnished, as required by statut
• Sirkin v. Schupler
  90 Fla. 68· Fla.· 1925-06-24 ·cited 10×
  A mortgage foreclosure case where the trial court found that a subsequent purchaser had actual notice of the mortgage at the time of purchase, thus taking the property subject to the mortgage lien despite the mortgage not being recorded until after the deed was delivered.
• McCook v. Caruthers
  87 Fla. 238· Fla.· 1924-03-17 ·cited 10×
  The Florida Supreme Court affirmed a lower court's decision to foreclose a materialman's lien. The court found that the bill of complaint stated a cause of action and that the evidence supported the final decree in favor of the material supplier.
• King v. Ramsey
  66 Fla. 257· Fla.· 1913-11-04 ·cited 10×
  Material supplier Ramsey sought to enforce a mechanic's lien against property owners and contractor sureties for unpaid materials supplied to a construction project. The Florida Supreme Court held that a material supplier has a lien for the full unpaid contract price regardless o
• ST. Louis Union Tr. Co. v. Stone
  570 F.2d 833· 8th Cir.· 1978-02-21 ·cited 9×
  The court held that the District Court had federal question jurisdiction over the interpleader action concerning federal tax liens, but properly dismissed Stone's breach of contract claim exceeding the Tucker Act's jurisdictional limit.
• LEE v. THE Bank OF Ga.
  159 Fla. 481· Fla.· 1947-09-30 ·cited 9×
  The Florida Supreme Court reversed a foreclosure decree, holding that a Georgia-executed bill of sale securing a promissory note for an automobile could not be enforced in Florida against innocent purchasers for value because the lienholder failed to comply with Florida Statutes
• Sackheim v. Marine Bank & Tr. Co.
  341 So. 2d 247· Fla. 2d DCA· 1976-12-29 ·cited 8×
  Marine Bank & Trust Company obtained a judgment lien against Edward R. Hamm recorded with an erroneous middle initial (Edward P. Hamm). The Sackheims subsequently purchased Hamm's property as homestead. The trial court held the lien valid but unenforceable due to homestead status
• Schlothan v. Territory OF Alaska
  276 F.2d 806· 9th Cir.· 1960-02-09 ·cited 8×
  The court held that the Alaska tax lien statute, which grants priority to tax liens over other encumbrances regardless of whether the taxed activity occurred on the encumbered property, does not violate the Due Process or Equal Protection clauses of the Constitution, nor does it
• Carter v. Brady
  51 Fla. 404· Fla.· 1906-01-01 ·cited 8×
  W.J. Carter sought to enforce a materialman's lien against Hugh Brady's land for materials furnished to contractor W.A. Cox. The Florida Supreme Court held that Carter's lien was properly acquired by notice delivered before the building's completion, even though Cox had assigned
• B. G. Lockett & Co. v. Robinson
  31 Fla. 134· Fla.· 1893-01-01 ·cited 8×
  This case addresses whether a contractor's lien claimant can proceed in equity against an assignee for the benefit of creditors when the statutory lien remedy becomes inadequate due to the sale of the liened property. The Florida Supreme Court reversed the lower court's dismissal
• Greenberg Traurig, P. A. v. Starling
  238 So. 3d 862· Fla. 2d DCA· 2018-01-05 ·cited 7×
  An attorney must file a notice of charging lien or otherwise pursue the lien in the original action before the case is dismissed to timely perfect the lien; sending letters reserving the right to file a lien does not constitute perfection. The trial court lacks jurisdiction to en
• Sharyn D. Garfield, P.A. v. Green
  687 So. 2d 1388· Fla. 4th DCA· 1997-02-26 ·cited 7×
  The court held that an attorney's charging lien is enforceable against a former husband when the settlement agreement making no provision for the lien was negotiated without notice to the attorney.
• Marine Traders, Inc. v. Seasons Navigation Corp.
  422 F.2d 804· 2d Cir.· 1970-02-24 ·cited 7×
  A shipowner's lien on sub-freights is discharged by good faith payments made by the shipper to the charterer without notice of the shipowner's rights, even if those payments were initially earmarked for other vessels.