J. C. BLANTON, APPELLANT,
v.
JOHN YOUNG, ROBERT JOHN YOUNG AND MARGARET M. YOUNG, HIS WIFE, APPELLEES
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The Florida Supreme Court affirmed a lower court's decision, holding that a conveyance of property was not fraudulent and that the appellant was not entitled to an equitable lien for labor and materials furnished because they failed to foreclose on their mechanic's lien within the statutory period.
No, the appellant was not entitled to an equitable lien because they failed to foreclose within the statutory period. The conveyance was also not fraudulent, as supported by substantial competent evidence.
“The record here contains substantial competent evidence supporting the conclusion of the Chancellor below that the conveyance from the father to the son was not fraudulent within the purview of section 726.01, F.S.19S3, F.S.A.”
Establishes the court's finding regarding the alleged fraudulent conveyance.
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Join FLexlaw to unlock all legal intelligenceThe appellant provided labor and materials for improvements to a property and filed a notice of lien under the mechanics' lien law. However, the appel…
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DREW, Chief Justice.
The record here contains substantial competent evidence supporting the conclusion of the Chancellor below that the conveyance from the father to the son was not fraudulent within the purview of section 726.01, F.S.19S3, F.S.A. Appellant urges, however, that even if the conveyance was not fraudulent the facts and circumstances alleged in the bill and established by the evidence are sufficient to support a decree imposing an equitable lien on the property.
The record shows that the basis of the claim for an equitable lien was certain labor and material furnished for, and incorporated into, the improvement of the subject premises and that the appellant had duly filed a notice of lien therefor under the mechanics’ lien law, but had failed to institute foreclosure proceedings on the same within the period of one year provided by the statute. Under such facts the party furnishing the labor and material was not entitled to an equitable lien. Kimbrell v. Fink, Fla.1955, 78 So. 2d 96.
Affirmed.
TERRELL and ROBERTS, JJ., and PARKS, Associate Justice, concur.
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Crane Co. v. Fine, 221 So. 2d 145 (Fla. 1969)…filed here, the defendant-respondents argue both grounds in support of the appellate court’s decision. Cited in support of the latter ground are the decisions of this court in Kimbrell v. Fink, Fla.1955, 78 So. 2d 96, and Blanton v. Young, Fla.1955, 80 So. 2d 351. Insofar as these decisions may be interpreted as holding that one who is within the purview of the Mechanics’ Lien Law is limited to his statutory lien thereunder and is not entitled' to seek an equitable lien, they are in direct conflict with Palm…
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Phelps v. T. O. Mahaffey, Inc., 156 So. 2d 900 (Fla. 2d DCA 1963)…ish an equitable lien which was denied on the ground that equitable liens become necessary only on account of the absence of an adequate remedy provided by law, as was the case in Kimbrell v. Fink, Fla.1955, 78 So. 2d 96; Blanton v. Young, Fla.1955, 80 So. 2d 351; Wood v. Wilson, Fla.1955, 84 So. 2d 32; and Rood Company v. Luber, Fla. 1956, 91 So. 2d 629. The court’s determination that the plaintiff did not have a statutory lien removes from our consideration the question pursued by the appellee; that is, wh…
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Rood Co., Inc. v. Luber, 91 So. 2d 629 (Fla. 1956)…n to dismiss the amended complaint is presented in this appeal by certiorari. The factual situation presented by the complaint is basically the same as that appearing in Kimbrell v. Fink, Fla.1955, 78 So. 2d 96, 98, and Blanton v. Young, Fla. 1955, 80 So. 2d 351. In both of these cases we denied relief. In the Kimbrell case, the lienor failed to institute action to foreclose a lien within the year provided by statute and thereafter attempted to foreclose an equitable lien. In that case we said: “In the cas…
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- Kimbrell v. Fink, 78 So. 2d 96 (Fla. 1955)