Public-domain · open source
OpenJurist

277 So. 2d 814

Docket No. 72-720.

Schraub v. Charest

Edgar SCHRAUB and Shirley Schraub, His Wife, Appellants, v. Roger CHAREST, Appellee.

District Court of Appeal of Florida

Decided May 15, 1973.

Rehearing Denied June 11, 1973.

District Court of Appeal of Florida · decided 1973-05-15

Cited by 3 later decisions — most recently April 1999

3 state decisions

Relies on 221 So. 2d 145 - Crane Co. v. Fine · 223 So. 2d 723 - Merritt v. Unkefer

Good law ✅— No negative treatment on recordhow we know

Decided 1973-05-15

View the full empirical analysis of this case →

¶1Myers, Kaplan, Porter, Levinson & Kenin, E. Bruce Alexander and Thomas R. Spencer, Jr., Miami, for appellants.

¶2Caidin, Rothenberg, Kogan & Kornblum, Miami, for appellee.

¶3Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

¶4PER CURIAM.

¶5On this appeal, the appellant-landowner, who was the defendant in the trial court, appeals a judgment declaring that the appellee is entitled to an equitable lien upon appellant's property. The main thrust of the appeal is that facts sufficient to create *815 an 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.

¶6We find no merit in appellee's cross-assignment of error for attorney's fees.

¶7Affirmed.

/277/so2d/814 · .json · Public domain