DELBROS MACHINE & TOOL CO., INC., APPELLANT,
v.
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA; BANKERS INSURANCE COMPANY, A FLORIDA CORPORATION, AND THEODORE DE LISI, APPELLEES
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A tenant's complaint seeking an equitable lien for improvements made to leased property states a cause of action for equitable relief despite the landlord's acquisition of the property through forfeiture proceedings.
A tenant in possession may pursue equitable relief for improvements made to property under an alleged agreement with the landlord, even when the landlord subsequently acquires title through forfeiture proceedings.
[1] A tenant in possession may assert an equitable lien for improvements made to leased property under an alleged agreement with the landlord, notwithstanding the landlord's…
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STONE, Judge.
This is an appeal from a final order dismissing with prejudice a complaint seeking an equitable lien and other equitable relief. Appellant, a tenant in possession of real property, made substantial improvements to the property under an alleged agreement with the landlord that it would be compensated, either as a credit on a proposed purchase or as rent incident to an agreed extension of the lease. Appellant alleges that it has no adequate remedy at law, that it was deceived into making the improvements, and that the appellee has been unjustly enriched. The appellee acquired the property through a forfeiture proceeding under chapter 895, Florida Statutes. However, the tenant in possession was not named nor joined in that action, nor were its claims otherwise forclosed or quieted.
We conclude that the complaint does state a cause of action for equitable relief. See Plotch v. Gregory, 463 So. 2d 432 (Fla. 4th DCA 1985); Peninsular Supply Co. v. C.B. Day Realty of Florida, Inc., 423 So. 2d 500 (Fla. 3d DCA 1982); Wagner v. Roberts, 320 So. 2d 408 (Fla. 2d DCA 1975), cert. denied, 330 So. 2d 20 (Fla.1976); Blumin v. Ellis, 186 So. 2d 286 (Fla. 2d DCA), cert. denied, 189 So. 2d 634 (Fla.1966); Frank v. Groo, 176 So. 2d 119 (Fla. 2d DCA), cert. denied, 180 So. 2d 657 (Fla.1965). We therefore reverse and remand for further proceedings.
REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.
GUNTHER, J., and WEBSTER, PETER D., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Eli Plotch and Philip Berkley v. August Gregory, Jr., 463 So. 2d 432 (Fla. 4th DCA 1985)
- Blumin v. Ellis, 186 So. 2d 286 (Fla. 2d DCA 1966)
- Peninsular Supply Co. v. C.B. DAY Realty OF Fla., Inc., 423 So. 2d 500 (Fla. 3d DCA 1982)
- Wagner v. Eston E. L. Roberts and Heir of Juanita McQuarter, 320 So. 2d 408 (Fla. 2d DCA 1975)
- Ellis v. Blumin, 189 So. 2d 634 (Fla. 1966)
- Craft Constr. Corp. v. Harvest, 189 So. 2d 634 (Fla. 1966)
- Fisher v. Conn. Mut. Fire Ins. Co., 180 So. 2d 657 (Fla. 1965)
- Holloway Materials Corp. v. Rinker Materials Corp., 180 So. 2d 657 (Fla. 1965)
- McDOWELL v. State, 176 So. 2d 119 (Fla. 2d DCA 1965)