In short: Sameh Osman appealed a nonfinal Pasco County Court order in a dispute with Whitburn, LLC and Newport Properties, Inc. that, as argued, asked whether an equitable lien could beat a third-party buyer of the property. The Second DCA affirmed without opinion, so the order stands and the reasoning was not explained.
The Facts
This case began in Pasco County Court in 2022. Sameh Osman was on one side and Whitburn, LLC and Newport Properties, Inc. on the other. Osman appealed a nonfinal order to the Second District under the appellate rule for nonfinal orders.
Because the court affirmed without an opinion, there are no court-written facts. As the issue was framed in the oral argument video, the question was whether an equitable lien claim could defeat the rights of a third party who acquired the property. One version of the video also referenced Florida’s residential security deposit statute. Those are the arguments as presented, not findings by the court.
The Decision
The Second District affirmed in a one-word per curiam decision, with Judges Silberman, Morris and Smith concurring. The order Osman challenged stands. Because there is no opinion, the decision does not establish any rule about equitable liens, buyers or security deposits, and it cannot be cited as precedent.
The Law
An equitable lien is a court-created charge on property, imposed to prevent unjust enrichment when there is no written lien or mortgage. Florida courts generally will not enforce an unrecorded equitable interest against a later purchaser who paid value without notice of it. Florida’s recording statute, section 695.01, protects such purchasers against unrecorded interests, and a recorded notice of lis pendens under section 48.23 is the usual way to warn buyers that a claim against the property is pending.
For residential tenancies, section 83.49 governs how landlords hold and return security deposits, including notice deadlines when a landlord claims part of a deposit. When rental property is sold, the statute addresses how the deposit transfers to the new owner.
Lessons
- If you claim an interest in someone else’s property, record something, such as a lis pendens with a filed lawsuit, before the property is sold.
- An unrecorded equitable claim is weak against a buyer who paid value without notice.
- Nonfinal appeals are limited to the order categories in Rule 9.130 and often end in a PCA.
- Tenants and landlords should track who holds the security deposit when a rental property changes hands.
Source: Osman v. Whitburn, LLC, No. 2D2023-1977 — Fla. 2d DCA (February 16, 2024).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above. (The channel has this argument posted twice; the other upload is here.)
Tenant vs. Property Companies | Osman v. Whitburn & Newport Properties, 2D23-1977
Go Deeper
- Discharged Lis Pendens Doesn't Shield a Lender From a Fraud Claim (Weiss v. BI 27)
- Judgment Against a Short Name, Title in a Longer One: Buyer Wins (Westport Recovery v. Adams)
Frequently Asked Questions
What is an equitable lien in Florida?
An equitable lien is a charge on property that a court imposes to prevent unjust enrichment, typically when someone’s money or labor improved property but there is no written lien or mortgage. It must be established in a lawsuit, and it can lose to a later buyer who paid value without notice.
Can an unrecorded claim beat a buyer of the property in Florida?
Usually not. Florida’s recording statute, section 695.01, protects purchasers for value without notice against unrecorded interests. Recording a notice of lis pendens with a pending lawsuit is the standard way to put buyers on notice and preserve your claim against the property.
What happens to my security deposit if my landlord sells the property?
Under section 83.49, the deposit obligation generally follows the property, and the new owner takes on the duty to hold and return it, subject to the statute’s transfer rules. Ask the new owner in writing to confirm they received your deposit.
What is a nonfinal appeal under Rule 9.130?
It is an appeal of an order entered before the case is over, allowed only for specific types of orders listed in Florida Rule of Appellate Procedure 9.130, such as certain orders on injunctions, jurisdiction or motions to vacate. Most other interim rulings must wait for the final judgment.
Talk to a Florida title and property dispute lawyer
Weidner Law, P.A. handles quiet title, deed, lien and title disputes from St. Petersburg, backed by more than 25 years of title work. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
