Merritt v. Unkefer
| Decision Date | 19 February 1969 |
| Docket Number | No. 37436,37436 |
| Citation | 223 So.2d 723 |
| Parties | Condor MERRITT et ux., Petitioners, v. Earl UNKEFER, Respondent. |
| Court | Florida Supreme Court |
The opinion of the District Court of Appeal, Fourth District, in this cause 1 details the allegations of respondent's complaint seeking to establish, on property owned by petitioners, an equitable lien for architectural services. The appellate court reversed an order dismissing the complaint, the opinion concluding that the absence of allegation of facts such as misrepresentation or fraud was not fatal. Petition for writ of certiorari in this Court has been granted on the ground of conflict with the decision on this point in Jennings v. Connecticut General Life Insurance Co.: 2 'To entitle one to such a lien there must be circumstances such as fraud or misrepresentation of essential facts upon which the lender or contractor relied in good faith * * *;' and with other cases including decisions based on the principle that failure to prosecute a right of statutory lien will ordinarily preclude the exercise of equity jurisdiction to accomplish the same result. 3
In support of the complaint in this case respondent relies on the doctrine of estoppel based on a request to postpone billing until completion of the construction work, and on a promise to pay from proceeds of a condemnation proceeding which terminated later, after lapse of time for filing a mechanic's lien. We are unable to trace the elements of estoppel, resulting trust, or any similar equitable doctrine in support of a lien on the property as opposed to the specified fund, which fund is in no way relevant to the disposition of this suit. Our study of the cases indicates that the award of an equitable lien based on unjust enrichment or 'general consideration of right and justice' has in each instance been predicated on factors such as mistake or material misrepresentation beyond the circumstances described by the complaint in the present case. 4
The judgment of reversal is accordingly quashed and the cause remanded with directions that the decree of the circuit court be affirmed.
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In re Diamond
...basis supporting a court's equitable jurisdiction such as fraud, mutual mistake, estoppel or reprehensible conduct. See Merritt v. Unkefer, 223 So.2d 723 (Fla.1969); Rosen v. Fierro, 340 So.2d 955 (Fla. 3rd Dist.Ct.App.1976); Plotch v. Gregory, 463 So.2d 432 (Fla. 4th Dist.Ct.App. 1985). Th......
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In re Tsiolas
...(implying clear showing of fraud or misrepresentation needed to establish equitable lien against personal property). In Merritt v. Unkefer, 223 So.2d 723 (Fla.1969), the Supreme Court of Florida hinted that a distinction exists between the requirements necessary to establish an equitable li......
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Clover Cable of Ohio, Inc. v. Heywood
...relief against such party. P.P.G. Inds., Inc. v. Hayes Constr. Co., 162 Ga.App. 151(1), 290 S.E.2d 347 (1982). Accord, Merritt v. Unkefer, 223 So.2d 723, 724 (Fla.1969); Snead Constr. Corp. v. First Fed. etc., Ass'n., 342 So.2d 517 5. Citing Nellis & Co. v. Green & Stallworth, 36 Ga.App. 68......
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In re 21st Century Satellite Communications, Inc.
...under this principle is a clear showing of fraud or misrepresentation perpetrated upon the party claiming the lien. Merritt v. Unkefer, 223 So.2d 723 (Fla.1969); Jennings v. Connecticut General Life Insurance Company, 177 So.2d 66 (Fla. 2nd DCA 1965). There is nothing in this record to esta......
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Lien cases
...v. Fishbein , 619 So.2d 267 (Fla. 1993) (equitable circumstances include the prevention of unjust enrichment). 2. Merritt v. Unkefer , 223 So.2d 723 (Fla. 1969) (“Our study of the cases indicates that the award of an equitable lien based on unjust enrichment or “general consideration of rig......
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Chapter 6-5 Additional Causes of Action
...not shown that it was entitled to foreclosure at the time the circumstances giving rise to the lien existed).[155] Merritt v. Unkefer, 223 So. 2d 723, 724 (Fla. 1969). An unjust enrichment claim requires a plaintiff to show that 1) the plaintiff conferred a benefit on the defendant; 2) the ......
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Chapter 6-5 Additional Causes of Action
...not shown that it was entitled to foreclosure at the time the circumstances giving rise to the lien existed).[155] Merrittt v. Unkefer, 223 So. 2d 723, 724 (Fla. 1969). An unjust enrichment claim requires a plaintiff to show that 1) the plaintiff conferred a benefit on the defendant; 2) the......