FLORIDA CRANES, INC., APPELLANT,
v.
FLORIDA EAST COAST PROPERTIES, INC., APPELLEE
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Florida Cranes sought to cancel a mechanic's lien release executed in its name by mistake and to foreclose its lien against property owned by Florida East Coast Properties. The trial court dismissed the complaint, but the appellate court reversed, holding that equity can correct a unilateral mistake made by an employee when it is an honest mistake that would otherwise produce an unconscionable result.
Equity can correct a unilateral mistake committed by an employee when it is a simple but honest mistake that could lead to an unconscionable result. The trial court erred in dismissing the complaint on the ground that equity cannot relieve a party from its unilateral negligence or mistake.
[1] Equity may relieve a party from a unilateral mistake when the mistake is committed by an employee, constitutes a simple and honest error, and would otherwise lead to an u…
[2] A clerical error made by an employee of a party may be grounds for equitable relief.
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Join FLexlaw to unlock all legal intelligence“equity-can correct a unilateral mistake where said mistake is committed by an employee of the appellant, and constitutes a simple but honest mistake which could lead to an unconscionable result”
Establishes the court's holding on when equity will relieve a party from unilateral mistake
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Join FLexlaw to unlock all legal intelligenceFlorida Cranes performed work and improvements to property owned by Florida East Coast Properties and was owed $11,575.86. When the work was completed…
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PER CURIAM.
Appellant-plaintiff seeks review of an order of the trial court granting a motion to dismiss a complaint to cancel a release and foreclose a mechanic’s lien.
The appellant performed certain work for the appellee, making improvements to the appellee’s real property. Upon completion of the work, the appellee failed or refused to pay $11,575.86 of the appellant’s bill and the appellant filed a claim of lien against the appellee’s property. The appellant’s counsel herein also represented one Poston Bridge and Iron, Inc., who had also done work for the appellee and had filed a lien against the appellee. Poston’s claim was paid or compromised, and the appellant’s counsel caused a release of lien to be prepared. However, through clerical error in counsel’s office, a release was prepared in the name of the appellant herein and was executed and recorded. Upon learning of the mistake, a release was prepared in Poston’s name and recorded. Thereupon, appellant brought the instant action seeking to cancel the appellant’s release and to foreclose his mechanic’s lien.1 The appellee moved to dismiss the complaint on the ground that equity could not relieve a party from its unilateral negligence or mis take. After hearing on the motion, the trial court entered the order appealed granting the appellee’s motion to dismiss.
The appellant contends, and we agree, that the court erred in entering the order appealed on the ground that equity-can correct a unilateral mistake where said mistake is committed by an employee of the appellant, and constitutes a simple but honest mistake which could lead to an unconscionable result. Wicker v. Board of Public Instruction of Dade County, Fla.1958, 106 So. 2d 550; Hotel China & Glassware Company v. Board of Public Instruction of Alachua County, Fla.App.1961, 130 So. 2d 78; State Board of Control v. Clutter Construction Corporation, Fla.App. 1969, 139 So. 2d 153; Maryland Casualty Company v. Krasnek, Fla.1965, 174 So. 2d 541.
Therefore, the order under review be and the same is hereby reversed and the matter is remanded to the trial court with directions to permit the defendant therein to file an answer and proceed to a final hearing, in accordance with the Rules of Civil Procedure.
Reversed and remanded, with directions.
. This matter has been resolved in the trial court upon the complaint and motion to dismiss. Therefore, no question of change in position or prejudice to Florida East Coast Properties, Inc. (between the date of the filing of the mistaken release and the instant suit being commenced) was presented in the trial court or is presented on this appeal, but such may be raised as a defense upon a return of this matter to the trial court.
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Meekins-Bamman Prestress, Inc. v. Better Constr., Inc., 408 So. 2d 1071 (Fla. 3d DCA 1982)…titled it to rescind any resulting obligation. Compare State Board of Control v. Clutter Construction Corp., 139 So. 2d 153 (Fla. 1st DCA 1962), cert. denied, 146 So. 2d 374 (Fla.1962) and Florida Cranes, Inc. v. Florida East Coast Properties, Inc., 324 So. 2d 721 (Fla. 3d DCA 1976) with [*1073] Graham v. Clyde, 61 So. 2d 656 (Fla.1952) and Lassiter Construction Co. v. School Board for Palm Beach County, 395 So. 2d 567 (Fla. 4th DCA 1981). [2] 2. As does the one involved in this case.…
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U.S. Alliance Corp. v. Tobon, 715 So. 2d 1122 (Fla. 3d DCA 1998)…find similarities between BMW and the instant case, there are also distinct differences. We also recognize that case law in the Third District has not interpreted Krasnek so narrowly. In Florida Cranes, Inc. v. Florida East Coast Properties, Inc., 324 So. 2d 721 (Fla. 3d [*1124] DCA 1976), this court held, citing Krasnek, that “equity can correct a unilateral mistake where said mistake is committed by an employee of the appellant, and constitutes a simple but honest mistake which could lead to an unconscion…
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Gonzalez v. Travelers Indem. Co. of R.I., 408 So. 2d 741 (Fla. 3d DCA 1982)…d v. Phillips, 371 So. 2d 1053 (Fla. 3d DCA 1979); Alexander v. Kirkham, 365 So. 2d 1038 (Fla. 3d DCA 1979); Napoli v. Liberty Mutual Insurance Company, 364 So. 2d 878 (Fla. 4th DCA 1978); Florida Cranes, Inc. v. Florida East Coast Properties, Inc., 324 So. 2d 721 (Fla. 3d DCA 1976); Niagara Fire Insurance Company v. Allied Electrical Company, 319 So. 2d 594 (Fla. 3d DCA 1975); Hanover Insurance Company v. Publix Market, Inc., 198 So. 2d 346 (Fla. 4th DCA 1967); Ormsby v. Ginolfi, 107 So. 2d 272 (Fla. 3d DCA…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Md. Cas. Co. v. Krasnek, 174 So. 2d 541 (Fla. 1965)
- Hotel China & Glassware Co. v. Bd. OF Pub. Instruction OF Alachua Cnty., 130 So. 2d 78 (Fla. 1st DCA 1961)
- Cyrus French Wicker v. The Bd. OF Pub. Instruction OF Dade Cnty., 106 So. 2d 550 (Fla. 1958)
- The State Bd. OF Control v. Clutter Constr. Corp., 139 So. 2d 153 (Fla. 1st DCA 1962)