WILLIAMSVILLE BREWERY, LTD., INC., A FOREIGN CORPORATION, APPELLANT,
v.
ACCESS DATA SYSTEMS, INC., A FLORIDA CORPORATION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Williamsville Brewery appeals a summary judgment foreclosing an execution lien on brewery equipment it purchased from a judgment debtor. The court affirmed, holding that under Florida law, an execution lien attaches to personalty upon delivery of the writ of execution to the sheriff and remains attached even when purchased by a bona fide purchaser without notice of the lien.
An execution lien attaches to the judgment debtor's personalty upon delivery of the writ of execution to the sheriff, even absent a levy, and the lien remains attached to the personal property even when purchased by a bona fide purchaser without notice. Therefore, Access Data Systems' execution lien was valid against the brewery equipment owned by Williamsville Brewery.
[1] Upon delivery of a writ of execution to the sheriff, an execution lien attaches to the personalty of the judgment debtor located in that jurisdiction.
[2] An execution lien remains attached to personal property even when purchased by a bona fide purchaser without notice of the lien.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“upon delivery of a writ of execution to the sheriff, an execution lien attaches to the personalty of the judgment debtor located in that jurisdiction and that the lien will remain attached to the personal property even when purchased by a bona fide purchaser without notice of the lien”
Establishes the core rule of Florida execution lien law that the lien binds subsequent purchasers
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAccess Data Systems obtained a final judgment against Beach Brewery Company and delivered a writ of execution to the sheriff before levying on the pro…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Williarnsville Brewery, Ltd., Inc., appeals a final summary judgment entered against it in an action by Access Data Systems, Inc., appellee, to foreclose an execution lien on certain brewing equipment and machinery owned by Williarnsville. There is no dispute that Williarnsville Brewery purchased the subject property from Beach Brewery Company after Access had obtained a final judgment against Beach Brewery and delivered a writ of execution to the sheriff in the county where the brewery equipment and property was located, but before Access had levied upon the property. It is clear under Florida law that, upon delivery of a writ of execution to the sheriff, an execution lien attaches to the personalty of the judgment debtor located in that jurisdiction and that the lien will remain attached to the personal property even when purchased by a bona fide purchaser without notice of the lien. See Accent Realty of Jacksonville, Inc. v. Crudele, 496 So. 2d 158 (Fla. 3d DCA 1986), rev. denied, 506 So. 2d 1040 (Fla.1987), and Crudele v. Accent Realty of Jacksonville, 541 So. 2d 742 (Fla. 3d DCA 1989)(Cope, J., concurring).
The execution lien attaches even absent a levy. Love v. Williams, 4 Fla. 126 (1851); Accent Realty, supra. The final summary judgment is therefore affirmed. We recognize that this so-called “hidden lien” has been criticized by our colleagues on the Third District, see Accent Realty, 496 So. 2d at 162 (Pearson, J., concurring); Crudele, 541 So. 2d at 742-743 (Code, J., concurring), and by commentators, see Jeffrey Davis, Fixing Florida Execution Lien Law, 48 U. Fla. L.Rev. 657 (1996), and has been abolished or modified in most states. See generally D.E. Murray, Execution Lien Creditors Versus Bona Fide Purchasers, Lenders, and Other Execution Lien Creditors: Charles II and The Uniform Commercial Code, 85 Comm. L.J. 485 (1980).
Nevertheless, any reform to this law requires action by the legislature.
AFFIRMED.
JOANOS AND LAWRENCE, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Love v. Williams, 4 Fla. 126 (Fla. 1851)
- Accent Realty OF Jacksonville, Inc. v. Crudele, 496 So. 2d 158 (Fla. 3d DCA 1986)
- Buford v. State, 496 So. 2d 158 (Fla. 4th DCA 1986)
- Crudele v. Accent Realty OF Jacksonville, Inc., 541 So. 2d 742 (Fla. 3d DCA 1989)