ALFRED GOTTESMAN AND BIRDIE GOTTESMAN, HIS WIFE, APPELLANTS,
v.
W. E. OWEN, APPELLEE
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The appellate court affirmed a lower court's decision finding an equitable lien on the appellants' property due to improvements made by the appellee. The court found the facts supported the existence of the lien based on established equitable principles.
Yes, an equitable lien exists on the appellants' property. The court found that the facts of the case supported the existence of the lien and were not sufficient to preclude the appellee from asserting it.
“The chancellor found that an equitable lien existed upon appellants' property by virtue of improvements made by the appellee.”
Establishes the lower court's finding that formed the basis of the appeal.
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Join FLexlaw to unlock all legal intelligenceThe appellee made improvements to the appellants' property. The chancellor found that an equitable lien existed on the property as a result of these i…
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The chancellor found that an equitable lien existed upon appellants’ property by virtue of improvements made by the ap-pellee. We find that the facts revealed by the record bring- the cause within the purview of the equitable principles set forth in Jones v. Carpenter, 90 Fla. 407, 106 So. 127, 43 A.L.R. 1409 (1925), and Armstrong v. Blackadar, Fla.App.1960, 118 So.2d 854.
Appellants submit as authority for the reversal of the final decree the case of Johns v. Gillian, 134 Fla. 575, 184 So. 140. They contend that the record conclusively demonstrates that the appellee had knowledge of the real state of the title or facts sufficient to put a man of ordinary prudence on the alert so as to preclude him from asserting an equitable lien on the property. We do not think appellants’ contention is sustainable on the record and accordingly, affirm the final decree.
Affirmed.
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First Fed. Sav. & Loan Ass'n of Okaloosa Cnty. v. Brison L. Stovall, 289 So. 2d 32 (Fla. 1st DCA 1974)…is whether there was sufficient evidence upon which the lower court could have found the items to be personalty. We frame the issue thusly after reviewing the opinion of the Third District Court of Appeal in Corbett v. Appliance Buyers Credit Corp., 172 So. 2d 257 (Fla.App.1965). The trial court in that case had held that an air conditioning unit was personalty because of a clause stating that it was to remain as such. The trial judge in Corbett held that the mortgagee of the real property was bound by this c…
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Morgan F. Jones in Bankr. of Jacksonville Bread Co. v. Carpenter, 106 So. 127 (Fla. 1925)
- Johns v. Gillian, 134 Fla. 575 (Fla. 1938)
- Armstrong v. Blackadar, 118 So. 2d 854 (Fla. 2d DCA 1960)