EDGAR SCHRAUB AND SHIRLEY SCHRAUB, HIS WIFE, APPELLANTS,
v.
ROGER CHAREST, APPELLEE

Fla. 3d DCA | 1973-05-15
No. 72-720
Before PEARSON, CHARLES CARROLL and HENDRY, JJ.
277 So. 2d 814 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

On this appeal, the appellant-landowner, who was the defendant in the trial court, appeals a judgment declaring that the ap-pellee is entitled to an equitable lien upon appellant’s property. The main thrust of the appeal is that facts sufficient to create *815an equitable lien are not established. Our review of the record convinces us that the dealings between the parties disclose the essential elements of fraud and misrepresentation necessary in order to establish an equitable lien in favor of the supervisor-laborer who was the plaintiff in the cause. See Merritt v. Unkefer, Fla.1969, 223 So.2d 723; Crane Co. v. Fine, Fla.1969, 221 So.2d 145.

We find no merit in appellee’s cross-assignment of error for attorney’s fees.

Affirmed.

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Citator

Cited By

  • J. G. Plumbing Serv., Inc. v. Coastal Mortg. Co., 329 So. 2d 393 (Fla. 2d DCA 1976)
    …roject in reliance thereon. Such action would be equivalent to the fraud and misrepresentation which the courts have traditionally sought to remedy where possible through the imposition of an equitable lien. See Schraub v. Charest, Fla.App.3d, 1973, 277 So. 2d 814. Here, Plumbing alleged that it was without knowledge of any default or pending foreclosure “but to the contrary were told that the project would be completed, thereby causing damage to J. G. Plumbing.” However, there is no allegation that it was C…
  • Giffen Indus. OF Jacksonville, Inc. v. Se. Assocs., Inc., 357 So. 2d 217 (Fla. 1st DCA 1978)
    …ject in reliance thereon. Such action would be equivalent to the fraud and misrepresentation which the courts have traditionally sought to remedy where possible through the imposition of an equitable lien. See Schraub v. Charest, Fla. App. 3d, 1973, 277 So. 2d 814.” In Snead Const. v. First Federal S & L Assn., 342 So. 2d 517 (Fla. 1st DCA 1977), appellant, a prime contractor for three motel projects in Daytona Beach, sought to impose a trust on undisbursed construction funds in the hands of the mortgage len…
  • Simonetti v. Porter, 731 So. 2d 785 (Fla. 2d DCA 1999)
    …. Based on the record, the judgment is clearly in error for the following reasons: (1) The record contains no evidence to establish the elements of an equitable lien. See generally Merritt v. Unkefer, 223 So. 2d 723 (Fla.1969); Schraub v. Charest, 277 So. 2d 814 (Fla. 3d DCA 1973). (2) The judgment purports to create a lien in favor of nonparties to the action, thereby denying the Simonettis the opportunity to challenge the claims, if any, of these nonparties. (3) The judgment provides that the lien is su…

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