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EMERALD DESIGNS, INC. v. CITIBANK

No. 92-3323.

626 So.2d 1084 (1993)

EMERALD DESIGNS, INC., Appellant, v. CITIBANK F.S.B., a Federal Savings Bank, formerly known as Citicorp Savings of Florida, Showcase Homes, Inc., a Florida corporation; Patrick C. Hucker, Jr., individually; Donna J. Hucker, Sr., individually; Patrick C. Hucker, Sr., Individually; and Teresa M. Hucker, individually, Tamarac Air Conditioning, Inc., Nu Turf Sod of Pompano Beach, Inc.; Hollywood Federal Bank, a Federal Savings Bank, Appellees.

District Court of Appeal of Florida, Fourth District.

November 17, 1993.

Attorney(s) appearing for the Case

Bradford J. Beilly of Miller, Beilly and Pozzuoli, Fort Lauderdale, for appellant.

Douglas Blecki, Lawrence A. Gordich, Robert B. Smith and Norman A. Fleisher of Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Miami, for appellee, Citibank.

KLEIN, Judge.

This case involves the issue of whether a subcontractor can claim an equitable lien against a lender's undisbursed construction loan funds, where the construction project is completed, but the lender forecloses. The lender convinced the trial court that the party claiming the lien must allege fraud or misrepresentation. We disagree and reverse.

Citibank foreclosed its mortgages on two homes, and Emerald Designs, a landscape subcontractor which...

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