JEOVANY TORRES, DIEGO TORRES, AND THREE TOWERS CORPORATION, A FLORIDA CORPORATION, APPELLANTS,
v.
JOSE REIMONDEZ AND ESTATE OF JOSE J. TORRES, APPELLEES
JEOVANY TORRES, DIEGO TORRES, AND THREE TOWERS CORPORATION, A FLORIDA CORPORATION, APPELLANTS,
JOSE REIMONDEZ AND ESTATE OF JOSE J. TORRES, APPELLEES
979 So. 2d 1074
Florida District Court of Appeal, Third District (2008)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Although equitable circumstances other than fraud or misrepresentation, including the prevention of unjust enrichment, are grounds for imposing an equitable lien, we find that the circuit court was correct in determining that an equitable lien was not warranted under the facts of this case. See Della Ratta v. Della Ratta, 927 So. 2d 1055 (Fla. 4th DCA 2006); McPherson v. Redding, 323 So. 2d 687 (Fla. 3d DCA 1975); Imler Earthmovers, Inc. v. Schatten, 240 So. 2d 76 (Fla. 1st DCA 1970).
Affirmed.
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Citator
Cited By
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Golden v. Davey L. Woodward, Jr., 15 So. 3d 664 (Fla. 1st DCA 2009)…, or the other would unjustly suffer loss.” Peacock, 399 So. 2d at 84. Thus, “[t]he basis of equitable liens may be estoppel or unjust enrichment.” Plotch v. Gregory, 463 So. 2d [*670] 432, 436 n. 1 (Fla. 4th DCA 1985); see also Torres v. Reimondez, 979 So. 2d 1074 (Fla. 3d DCA 2008); Spridgeon v. Spridgeon, 779 So. 2d 501, 502 (Fla. 2d DCA 2000); Gordon v. Flamingo Holding P’ship, 624 So. 2d 294, 297 (Fla. 3d DCA 1993); Blumin v. Ellis, 186 So. 2d 286, 294 (Fla. 2d DCA 1966) (recognizing that an equitable lie…
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Sallette v. State, 16 So. 3d 292 (Fla. 4th DCA 2009)…PER CURIAM. Affirmed. See State v. Lyons, 979 So. 2d 1074 (Fla. 4th DCA 2008). STEVENSON, TAYLOR and LEVINE, JJ., concur.…
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Wilson v. State, 100 So. 3d 225 (Fla. 4th DCA 2012)…PER CURIAM. Affirmed without prejudice to any right appellant may have to file an appropriate postconviction motion. See, e.g., State v. Lyons, 979 So. 2d 1074 (Fla. 4th DCA 2008); Llerena v. State, 953 So. 2d 31, 33 (Fla. 3d DCA 2007) (remanding to trial court for examination of the plea transcript, clerk’s notes in the court file, and [*226] the judgment and sentence to determine whether the sentence was…
Authorities Cited
- Ratta v. Ratta, 927 So. 2d 1055 (Fla. 4th DCA 2006)
- Imler Earthmovers, Inc. v. Schatten, 240 So. 2d 76 (Fla. 1st DCA 1970)
- McPherson v. Jeffrey and Flora Redding, 323 So. 2d 687 (Fla. 3d DCA 1975)