Notice Of Lien

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

• Case v. Tex. Co.
  115 Fla. 668· Fla.· 1934-07-03 ·cited 7×
  The Florida Supreme Court reversed a judgment for the Texas Company in a dispute over $1,208.70 retained from a land sale to secure payment of estimated paving and sewer assessments. The court held that Texas Company breached its December 5, 1927 agreement by paying the assessmen
• Harris v. State
  100 So. 3d 245· Fla. 1st DCA· 2012-11-02 ·cited 6×
  The court held that certain costs imposed on the appellant must be stricken due to procedural defects, specifically lack of notice and absence of a properly imposed fine.
• 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
• Hall, Lamb & Hall, P.A. v. Sherlon Invs. Corp.
  7 So. 3d 639· Fla. 3d DCA· 2009-04-22 ·cited 6×
  A party to a settlement that has notice of an attorney's charging lien has an affirmative duty to notify the attorney and protect the lien interest in settlement proceeds. Where a party fails to do so and pays the settlement directly to the client without safeguards for the lien,
• Orix Fin. Servs., Inc. v. MacLEOD
  977 So. 2d 658· Fla. 1st DCA· 2008-02-19 ·cited 6×
  The court held that a creditor's lien is properly recorded when the clerk's office officially records it, regardless of subsequent indexing errors.
• Mathias v. Walling Enters., Inc.
  609 So. 2d 1323· Fla. 5th DCA· 1992-09-11 ·cited 6×
  The court addressed the priority of a landlord's statutory lien for rent against a bank's perfected security interest in a liquor license and other collateral. The court held that while a landlord's lien can attach to a liquor license without filing, a prior perfected security in
• SUN Bank & Liberty Mut. Ins. Co. v. Jakubowski
  583 So. 2d 782· Fla. 5th DCA· 1991-08-08 ·cited 6×
  The court held that the workers' compensation carrier's notice of lien was not barred by the statute of limitations and the carrier had standing to appeal the order striking the lien.
• McKenzie M. Dunlap and M. T. Dunlap v. Teagle
  101 Fla. 721· Fla.· 1931-05-28 ·cited 6×
  A materialman's lien foreclosure case involving competing mortgage interests. The court held that a contractor's lien for labor and materials furnished during construction takes priority over a mortgage executed during the construction period, and that a prior mortgagee who volun
• Hope v. Johnston
  28 Fla. 55· Fla.· 1891-06-01 ·cited 6×
  Hope sought to foreclose a chattel mortgage on cattle sold in 1871 to the Johnstons. The Florida Supreme Court affirmed dismissal of the bill, holding that the mortgage was unenforceable due to Hope's failure to properly record it within a reasonable time and his laches in bringi
• 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
• Scutieri v. Est. of Revitz
  829 F. Supp. 387· S.D. Fla.· 1993-06-25 ·cited 5×
  The court adopted the magistrate judge's recommendation to deny motions for attorney charging liens filed by two law firms, finding they failed to meet legal requirements for such liens.
• Zurich v. Weeden
  805 So. 2d 945· Fla. 4th DCA· 2001-11-14 ·cited 4×
  Zurich, a workers' compensation carrier, appealed the denial of its petition to assert a lien on settlement proceeds from a legal malpractice action brought by an employee against her attorneys. The court affirmed, holding that under Florida Statutes § 440.39, a workers' compensa
• Century Elevator Co. v. Spinos
  652 So. 2d 451· Fla. 4th DCA· 1995-03-22 ·cited 4×
  Century Elevator appeals a trial court order determining a worker's compensation lien after the case had been previously dismissed with prejudice. The Fourth District reverses, holding that the trial court lacked subject matter jurisdiction to review, modify, or enforce the settl
• Chevron v. United States
  705 F.2d 1487· 9th Cir.· 1983-05-17 ·cited 4×
  The court held that the government's liens for gift and estate taxes were enforceable against rental income and property, even with untimely refiling of gift tax liens, because the levy occurred during the life of the initial liens and the sale of estate property was invalid for
• 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.
• Bank OF Hawthorne v. Shepherd
  330 So. 2d 75· Fla. 1st DCA· 1976-03-30 ·cited 4×
  The court held that execution liens attach when delivered to the sheriff, while motor vehicle liens attach when filed with the Division of Motor Vehicles, establishing the correct priority.
• Am. Disc. Co. v. Cent. Bank OF Tampa
  135 So. 2d 264· Fla. 2d DCA· 1961-11-29 ·cited 4×
  American Discount Company sought to recover possession of a 1960 Ford automobile through replevin against Central Bank of Tampa, claiming a superior lien through its assignment of a conditional sales contract. The trial court held that the bank's chattel mortgage, properly record
• Bryan v. More
  101 Fla. 31· Fla.· 1931-04-01 ·cited 4×
  The Florida Supreme Court reversed a foreclosure decree on a vendor's lien, holding that the vendor implicitly waived his lien rights by accepting personal notes from the purchaser and consenting to a deed to a third-party corporation rather than the original purchaser, thereby e
• 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.
• Bond Lumber Co. v. Masland
  45 Fla. 188· Fla.· 1903-01-01 ·cited 4×
  Bond Lumber Company sought to enforce a materialman's lien against property mortgaged by Masland, who had loaned money to enable completion of a hotel building. The Florida Supreme Court held that Masland's knowledge that materials were being furnished for the building constitute
• Baars v. W. F. & J. E. Creary
  23 Fla. 311· Fla.· 1887-06-01 ·cited 4×
  This case concerns whether a claimant can challenge the validity of an execution writ in a property claim proceeding. The court held that a claimant, a stranger to the original judgment, cannot question the execution's regularity; their challenge must be limited to the superiorit
• Sentry Pub. Adjusting, LLC v. Captiva Lakes Condo. Ass'n, Inc.
  389 So. 3d 561· Fla. 3d DCA· 2023-08-16 ·cited 3×
  The appellate court granted a writ of prohibition, finding the trial court lacked jurisdiction to adjudicate Sentry's lien rights after dismissing the underlying case. The trial court's reservation of jurisdiction to enforce the settlement did not extend to resolving disputes inv
• Dowell v. State Farm Mut. Auto. Ins. Co.
  269 So. 3d 662· Fla. 1st DCA· 2019-05-02 ·cited 3×
  Kenneth Dowell, a towing operator, challenged a summary judgment in favor of State Farm regarding a vehicle lien. Dowell towed a vehicle following a law enforcement request and conducted a public sale after the vehicle went unclaimed, but failed to provide timely notice to the ve
• Circle K Corporation/AIG Claims Servs., Inc. v. Webster
  747 So. 2d 1010· Fla. 5th DCA· 1999-12-10 ·cited 3×
  Circle K Corporation appealed the dismissal of its motion for equitable distribution in a malpractice action following the suicide death of an employee. The court reversed, holding that Circle K's statutory lien rights under Chapter 440 were violated when the malpractice case was
• Alsheimer v. Palmer
  105 Fla. 224· Fla.· 1932-04-19 ·cited 3×
  This case concerns the timeliness of a materialman's lien foreclosure suit. The court held that a materialman in privity with the owner can file suit within twelve months after recording the lien, provided the lien is recorded within the statutory period.
• Gordon C. Brydger, P.A. v. Wolfe
  847 So. 2d 1074· Fla. 4th DCA· 2003-06-11 ·cited 2×
  Brydger, an attorney, perfected a charging lien on attorney's fees in a dissolution of marriage action by filing notice on April 25, 2000, prior to the case's termination. The trial court incorrectly denied Brydger's motion to satisfy the lien as untimely, despite his prompt acti
• Ritzenberg v. Noland Co., Inc.
  364 F.2d 667· D.C. Cir.· 1966-05-27 ·cited 2×
  The court held that an owner who pays a contractor after receiving notice of a materialman's lien is liable for the lien amount up to the sum paid after notice, even if it results in the owner paying twice.
• Allen Parker Co. v. Taylor
  120 So. 2d 52· Fla. 2d DCA· 1960-04-22 ·cited 2×
  Allen Parker Company, a floor-plan financer, sought to replevin an automobile sold by its dealer client (Fitzgerald Motors) to Carl Taylor. The court affirmed summary judgment for Taylor, holding that Taylor, as a good-faith purchaser who paid value and obtained possession withou
• Scott v. NEW York
  159 F.2d 618· 7th Cir.· 1947-02-04 ·cited 2×
  An attorney's lien on a cause of action is not defeated by a settlement with the client or a party representing the client, especially when the settling party has notice of the lien.
• The Van Eepoel Real Est. Co. v. The Sarasota Milk Co.
  100 Fla. 434· Fla.· 1929-03-20 ·cited 2×
  This case addresses the priority of liens between a mortgage and a materialman's lien. The court determined that a mortgage recorded before materials were furnished and labor performed has priority over a subsequently recorded materialman's lien.
• Long v. Sphaler
  92 Fla. 121· Fla.· 1926-06-30 ·cited 2×
  This case involves a dispute over a materialman's lien filed by suppliers against a property owner. The Florida Supreme Court affirmed the lower court's decision that the suppliers were entitled to a lien on the owner's property for materials furnished to the contractor.
• GEICO Gen. Ins. Co. v. Steinger, Iscoe & Greene-Ii, P.A.
  275 So. 3d 775· Fla. 3d DCA· 2019-06-26 ·cited 1×
  An insurer that receives notice of an attorney's charging lien has an affirmative duty to protect that lien by notifying the attorney of settlement, including the attorney on the settlement check, or obtaining a written waiver or hold harmless agreement. GEICO's failure to take a
• John F. Schutz, P.L. v. Schwalb
  Fla. 4th DCA· 2026-03-25
  A law firm appealed the denial of its motion to add a bank as an indispensable party in a charging lien enforcement proceeding. The court affirmed the trial court's decision, holding that the firm's notice of lien was insufficient to impose liability on the bank.
• HLHL, P.A. v. Fidel Castro Ruz
  Fla. 3d DCA· 2024-04-17
  HLHL, P.A. appealed a trial court decision regarding a charging lien claim against funds recovered in a settlement. The court affirmed the lower court's decision, holding that the firm failed to properly establish its charging lien because it did not provide timely notice and the
• United States v. Lieberman
  S.D. Fla.· 2023-05-17
  The court held that the government's complaint sufficiently stated a claim for foreclosure of a criminal restitution lien, and thus the defendants' motion to dismiss was denied.
• State Farm Mut. Auto. Ins. Co. v. Athans Chiropractic, Inc.
  Fla. 2d DCA· 2022-10-07
  The appellate court reviewed discovery orders compelling an insurance company to produce documents related to a prior settlement. The court found that the law firm seeking discovery had no valid charging lien, as they did not contribute to the settlement, and therefore the discov
• United States v. Pardo
  S.D. Fla.· 2019-11-12
  The court held that a criminal restitution judgment lien is enforceable against a defendant's property, and the defendant's arguments regarding her agreement to the restitution amount do not create a genuine issue of material fact for summary judgment.
• Mut. Bank v. Helene Hines
  Del. Ch.· 2017-08-29
  The Court recommends granting summary judgment in favor of Deutsche Bank, finding that the defendant, George Edward Kennedy, will be unjustly enriched if the equitable mortgage lien on the property is not enforced. The Court also recommends denying Deutsche Bank's motions for def
• Creston Aviation, Inc. v. Textron Fin. Corp.
  900 So. 2d 727· Fla. 4th DCA· 2005-04-27
  Creston Aviation appealed a summary judgment finding its mechanic's lien on an aircraft invalid because it failed to comply with Florida's requirement to file notice in the county where repairs were performed. The court held that federal aviation law preempts state law only regar
• Mederos v. Selph (L.T.), Inc.
  625 So. 2d 894· Fla. 5th DCA· 1993-10-08
  This case involves a mortgage dispute where lenders took security on property partly owned by a corporation and partly by an individual. The court addressed whether a reformed mortgage could be made superior to intervening judgment liens and whether a child support judgment lien
• In re Bailey
  999 F.2d 236· 7th Cir.· 1993-07-14
  The court held that a mortgage is valid and entitled to priority even if there are minor technical variances between the mortgage and the secured notes, especially when the parties' intent to secure the notes is clear and the challenging party had notice of the lien.
• Ringhaver Equip. Co. v. Brooks
  565 So. 2d 841· Fla. 5th DCA· 1990-08-09
  Ringhaver Equipment Company sought to enforce a mechanic's lien against a fishing boat owned by Ben Brooks for unpaid diesel engines supplied to the boat's manufacturer, Whitehouse Marine Corporation. The court affirmed the trial court's judgment invalidating the lien because Bro
• In re WWG Indus., Inc. v. United Textiles, Inc.
  772 F.2d 810· 11th Cir.· 1985-09-30
  A mechanic's lien, properly perfected under state law, is superior to the rights of a debtor-in-possession even if the lien is perfected after the bankruptcy petition is filed, provided the perfection relates back to a time before the petition.
• Tarstar Shipping Co. v. Century Shipline, Ltd.
  597 F.2d 837· 2d Cir.· 1979-04-27
  A shipowner is entitled to enforce a contractual lien on freights against a charterer's agent if the freights are still under the agent's control when notice of the lien is given.
• Fireman's Fund Ins. Co. v. Leonard
  401 F.2d 500· 3d Cir.· 1968-10-01
  A surety's subrogation rights do not ripen until after a default, and thus cannot defeat prior filed federal tax liens of which the surety had notice.
• McADAMS v. Armored CAR Serv., Inc.
  18 Fla. Supp. 51· Dade Cty. Cir. Ct.· 1961-05-18
  This workers' compensation lien case addresses whether an insurance carrier can recover full benefits paid under subsection (4) of Florida Statute §440.39 when an employee files a third-party tort action more than one year after the cause of action accrued but the carrier does no
• Fleming v. Lake Delton Dev. Co.
  267 F.2d 254· 7th Cir.· 1959-05-27
  The court held that the appellant attorney's arguments regarding jurisdiction and her standing to litigate the lien claim were barred by res judicata and the law of the case, as previously decided by this court and affirmed by the Supreme Court.
• Sinclair Ref. Co. v. Rousseau
  13 Fla. Supp. 88· Duval Cty. Cir. Ct.· 1958-10-14
  Sinclair Refining Co. sought to foreclose a chattel mortgage on a 1956 Chevrolet purchased in Florida. Saint Marys State Bank intervened, claiming an earlier lien created under Georgia law. The court held that Florida statutory law governing motor vehicle titles requires a lienho
• Weaver-Loughridge Lumber Co. v. Hobson
  99 Fla. 1183· Fla.· 1930-05-21
  This case concerns whether a materialman's lien was timely filed. The appellate court affirmed the lower court's decision, finding that the materialman failed to bring suit to enforce its lien within the statutory time limit.