Clutter Construction Corporation v. Clutter
Cases that cite this one
14 later published cases cite this decision.
- Fishbein v. PALM BEACH S & L ASS'N (Fla. Dist. Ct. App. 1991)
- Judson v. Levine (In re Levine) (United States Bankruptcy Court, Southern District Florida 1984)
- Gepfrich v. Gepfrich (Fla. Dist. Ct. App. 1991)
- European American Bank v. Lapes (In re Lapes) (United States Bankruptcy Court, Southern District Florida 2000)
- In re Mesa (United States Bankruptcy Court, Southern District Florida 1999)
- Fidelity Service Co. v. Grocki (In re Grocki) (United States Bankruptcy Court, Southern District Florida 1992)
- Burns v. Estate of Cobb (Fla. Dist. Ct. App. 1991)
- Isaacson v. Isaacson (Fla. Dist. Ct. App. 1987)
- Whigham v. Muehl (Fla. Dist. Ct. App. 1987)
- Edward Leasing Corp. v. Uhlig (United States District Court for the Southern District of Florida 1987)
- Kitzinger v. Gulf Power Co. (Fla. Dist. Ct. App. 1983)
- Grass v. GREAT AMERICAN BANK, ETC. (Fla. Dist. Ct. App. 1982)
- Bessemer v. Gersten (Fla. 1980)
- Unkefer v. Merritt (Fla. Dist. Ct. App. 1968)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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.
District Court of Appeal of Florida. Third District.
Nicholson, Howard & Brawner, Miami, for appellant.
High, Stack & Davis, Miami, for appellees.
Before BARKDULL, C.J., and TILLMAN PEARSON and SWANN, JJ.
PER CURIAM.
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 *762 to 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.