CLUTTER CONSTRUCTION CORPORATION, A FLORIDA CORP., APPELLANT,
v.
W. R. CLUTTER, PEGGY E. CLUTTER, WIFE OF W. R. CLUTTER, W. C. CLUTTER AND NILA CLUTTER, WIFE OF W. C. CLUTTER, JOINTLY AND SEVERALLY, APPELLEES
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The appellate court affirmed a lower court's decision, holding that an equitable lien could not be placed on homestead property without proof of fraud or reprehensible conduct by the property owners.
No, an equitable lien cannot be imposed against homestead property without establishing fraud or reprehensible conduct by the property owners.
“It appears that to recover an equitable lien against real property used as a homestead it is necessary for the plaintiff to establish fraud or "reprehensible conduct".”
This quote establishes the legal standard required to impose an equitable lien on homestead property.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Clutter Construction Corporation, sought an equitable lien against homestead property owned by the appellees, W. R. Clutter and W. C. C…
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By this appeal, the appellant seeks review of a portion of a final decree generally in its favor, which failed to award an equitable lien against homestead property belonging to the individual appellees.
We have examined the record, assignments of error and points urged on appeal, in light of the following authorities: Jones v. Carpenter, 90 Fla. 407, 106 So. 127, 43 A.L.R. 1409; LaMar v. Lechlider, 135 Fla. 703, 185 So. 833; Spach v. Kleb, Fla.App. 1959, 112 So.2d 21, and fail to find error in the Complained of portion of the final decree.
It appears that to recover an equitable lien against real property used as a homestead it is necessary for the plaintiff *762to establish fraud or “reprehensible conduct”. It is apparent from the record on appeal in this case that such conduct was not established. Therefore, the decree of the chancellor is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Gepfrich v. Gepfrich, 582 So. 2d 743 (Fla. 4th DCA 1991)…oes not defeat the chancellor’s remedy. It is now well established in this state that, where fraud or reprehensible conduct is involved, an equitable lien may be imposed even against homestead property. Clutter Construction Corporation v. Clutter, 173 So. 2d 761 (Fla. 3rd DCA 1965); [*745] and Isaacson v. Isaacson, 504 So. 2d 1309 (Fla. 1st DCA 1987). The trial court’s finding that appellant’s defenses to the contempt charge “constitute a complete lack of clean hands” establish for me the functional equiv…
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Harris Isaacson v. Isaacson, 504 So. 2d 1309 (Fla. 1st DCA 1987)…e lien can be imposed against such property under certain circumstances, namely, where a plaintiff can establish fraud or “reprehensible conduct” on the part of the beneficiary of the constitutional protection. Clutter Construction Corp. v. Clutter, 173 So. 2d 761, 761-62 (Fla. 3d DCA 1965); Bessemer v. Gersten, 381 So. 2d 1344, 1347 n. 1 (Fla.1980); Kitzinger v. Gulf Power Co., 432 So. 2d 188, 195 (Fla. 1st DCA 1983). The purpose of an equitable lien is to achieve right and justice, considering the relation…
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Unkefer v. Condor Merritt et ux., 207 So. 2d 726 (Fla. 4th DCA 1968)…the court of conscience” is not limited to these grounds to administer right and justice. Allegations of wrongdoing, Rood Co. v. Luber, Fla.1956, 91 So. 2d 629, or allegations of reprehensible conduct, Clutter Constr. Corp. v. Clutter, Fla.App.1965, 173 So. 2d 761, will suffice. The equitable lien is a remedial device employable in a wide variety of situations to achieve an equitable result. The phrase “general consideration of right and justice” is not indicative of specific inclusions or exclusions. The ch…
Previewing 3 of 10 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)
- Holmes La Mar v. Lechlider, 135 Fla. 703 (Fla. 1939)
- E. H. Spach In Bankr. of the Ests. of Earl Albert Kleb & Clarence Charles Gehm v. Kleb, 112 So. 2d 21 (Fla. 3d DCA 1959)