Attachment Lien

59 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• B. A. Lott, Inc. v. Padgett
  153 Fla. 304· Fla.· 1943-07-09 ·cited 34×
  B.A. Lott, Inc., holder of a federal deficiency judgment against Dyer, seeks to partition real estate that Dyer acquired and then conveyed to the Baldwins. The Florida Supreme Court holds that the federal judgment became a lien on the property when Dyer acquired it, even though e
• Palm Springs Gen. Hosp., Inc. v. State Farm Mut. Auto. Ins. Co.
  218 So. 2d 793· Fla. 3d DCA· 1969-01-28 ·cited 33×
  This case addresses the Florida Hospital Lien Act for the first time, establishing when a hospital lien attaches to insurance settlement proceeds. The court holds that a lien attaches upon admission of a patient but is perfected only upon compliance with statutory filing requirem
• Claude v. Pitts, Jr.
  561 So. 2d 297· Fla. 2d DCA· 1990-01-05 ·cited 32×
  Claude Pitts borrowed money from neighbors the Pastores and gave them a mortgage on his homestead property without his wife joining the mortgage. After the property's homestead status ended through divorce, the Pastores foreclosed. The court affirmed the foreclosure but reversed
• The Dania Bank v. Wilson & Toomer Fertilizer Co.
  127 Fla. 45· Fla.· 1937-02-04 ·cited 23×
  The Florida Supreme Court reversed a lower court decree that protected property as homestead from a creditor's execution sale, holding that the property lacked homestead character at the time of levy of attachment because F.G. Taylor, though living on the property with his son La
• Nationwide Fin. Corp. of Colo. v. Thompson
  400 So. 2d 559· Fla. 1st DCA· 1981-07-07 ·cited 22×
  Nationwide Financial Corporation sought to enforce a judgment lien against Jack Thompson's interest in his marital residence, which was protected by Florida's homestead exemption. The court reversed the trial court's dismissal and remanded for factual determination of whether Jac
• Solary v. Webster
  35 Fla. 363· Fla.· 1895-01-01 ·cited 21×
  The Florida Supreme Court reversed a judgment for the plaintiff on a bond indemnifying against construction claims, holding that the first count of the declaration failed to allege sufficient damage and that the trial court erroneously sustained demurrers to valid special pleas r
• G. M. C. A. Corp. v. Noni, Inc.
  227 So. 2d 891· Fla. 3d DCA· 1969-11-18 ·cited 20×
  GMCA Corporation, a landlord, appealed a foreclosure decree that gave priority to a chattel mortgage held by the Geers over the landlord's lien for rent. The court held that a landlord's lien attaches at the commencement of tenancy and retains priority over subsequently created c
• Lankenau v. Coggeshall & Hicks
  350 F.2d 61· 2d Cir.· 1965-07-23 ·cited 20×
  A federal court, having appointed a receiver for a defendant's assets ancillary to an action under federal law, has the discretion to stay enforcement of a state court attachment, even if the attachment was levied before the receiver's appointment, if doing so is necessary to pro
• The United States v. White Bear Brewing Co., Inc.
  227 F.2d 359· 7th Cir.· 1955-11-18 ·cited 20×
  The court held that the mechanic's lien had priority over the federal tax lien because it was filed and foreclosure proceedings were commenced before the federal tax lien arose.
• Jeffreys v. Coleman
  20 Fla. 536· Fla.· 1884-01-01 ·cited 20×
  The court addressed two main issues: whether an order dissolving an attachment is a final judgment appealable by the plaintiff, and whether a partnership bond signed by one partner in the firm's name binds all partners. The court held that the dissolution of an attachment is a fi
• MacAtee, Inc. v. United States
  214 F.2d 717· 5th Cir.· 1954-06-30 ·cited 18×
  The court held that federal tax liens arising from assessment dates are prior to subsequently filed state attachment liens, even if notice of the tax lien was filed later. However, the court reversed the foreclosure order due to the taxpayer's absence as a party.
• Egyptian Supply Co. v. Boyd
  117 F.2d 608· 6th Cir.· 1941-02-11 ·cited 14×
  The court held that the mechanics' and materialmen's liens were superior to the appellant's attachment lien because, under Kentucky law, such statutory liens relate back and take precedence over later-perfected attachment liens, and the attachment lien was not a 'contract lien' o
• Heinicke Instruments Co. v. Republic Corp.
  543 F.2d 700· 9th Cir.· 1976-09-13 ·cited 12×
  The court held that the assignee-pledgee did not perfect a security interest in the stock because the issuer did not possess the stock as a bailee or agent for the assignee, and thus the attaching creditor's lien took priority.
• United States v. Leventhal
  316 F.2d 341· D.C. Cir.· 1963-01-24 ·cited 12×
  A federal tax lien, arising upon assessment, takes priority over a landlord's statutory lien and attachment lien that are not choate and perfected before the federal lien arises.
• Mitchell v. Bowman
  123 F.2d 445· 10th Cir.· 1941-11-10 ·cited 12×
  The court held that Mitchell's equitable lien on the fund had priority over Bowman's assignment.
• Heddon v. Jones
  115 Fla. 19· Fla.· 1934-05-23 ·cited 12×
  A creditor sought to recover a $6,000 loan by suing on promissory notes and obtaining judgment, then attempted to enforce that judgment against the debtor's grove property. The Florida Supreme Court held that the debtor's homestead exemption attached to the property before the ju
• Irving I. Bass in Bankr. of Lease Fin. Corp. v. John P. Stodd in Bankruptcy of Patrick John Gleason
  357 F.2d 458· 9th Cir.· 1966-03-08 ·cited 10×
  The court held that the levy of a writ of attachment, under California law, constitutes a transfer under the Bankruptcy Act, and if perfected more than four months before bankruptcy while the debtor was solvent, it is immune from attack by the trustee as a preference.
• Scott v. Russ
  21 Fla. 260· Fla.· 1885-01-01 ·cited 10×
  This case concerns the priority of liens when multiple parties claim proceeds from a land sale. The court held that a foreclosure decree, even if for a money amount, does not create a general lien on all property, and that a judgment obtained later in the term, even if entered on
• Alphonse Loubat v. Kipp & Young
  9 Fla. 60· Fla.· 1860-01-01 ·cited 10×
  In this 1860 Florida Supreme Court case, executors of a deceased creditor sought to foreclose a mortgage on real property, but the defendant Loubat claimed superior title based on a purchase at a judicial sale under an earlier attachment lien. The court held that the mortgage, th
• Harold C. Abramson for Casco Chem. Corp. v. Waller C. Boedeker
  379 F.2d 741· 5th Cir.· 1967-06-23 ·cited 8×
  The court held that the date of bankruptcy is the date of the original petition, and that the Bank's assignment of accounts receivable was voidable due to failure to comply with Texas recording statutes.
• Schlothan v. Territory OF Alaska
  276 F.2d 806· 9th Cir.· 1960-02-09 ·cited 8×
  The court held that the Alaska tax lien statute, which grants priority to tax liens over other encumbrances regardless of whether the taxed activity occurred on the encumbered property, does not violate the Due Process or Equal Protection clauses of the Constitution, nor does it
• United States v. Jewel Hawkins
  228 F.2d 517· 9th Cir.· 1955-12-13 ·cited 8×
  An attachment creditor, even if deemed a purchaser under state law, is not a 'purchaser' within the meaning of 26 U.S.C. § 3672(a)(1) for priority over an unfiled federal tax lien.
• In re Medomak Canning v. Bayside Enters., Inc.
  922 F.2d 895· 1st Cir.· 1990-12-28 ·cited 7×
  The court held that the bankruptcy court's approval of a settlement agreement, which included the trustee releasing all claims against certain parties, was res judicata and barred appellants from later asserting equitable subordination claims, as they were in privity with the tru
• Dade Cnty. v. Pavon
  266 So. 2d 94· Fla. 3d DCA· 1972-08-01 ·cited 7×
  Dade County appeals a summary judgment dismissing its action to recover hospital liens from an insurance company that settled a wrongful death claim without satisfying the county's hospital lien. The court reversed, holding that hospital liens attach to uninsured motorist insuran
• Abernathy v. Gruppo
  119 So. 2d 398· Fla. 3d DCA· 1960-03-14 ·cited 7×
  The Abernatys obtained a judgment against Carolyn Gruppo and levied on her home. Gruppo claimed homestead exemption, but the court held that because her deceased husband (not she) was the head of the family during his lifetime, the property was not exempt from execution. The cour
• Strafford v. Agency for Health Care Admin.
  915 So. 2d 643· Fla. 2d DCA· 2005-10-07 ·cited 6×
  The Florida Second District Court of Appeal affirmed a probate court order requiring the full payment of a Medicaid lien from settlement proceeds in a wrongful death action. The court held that the Medicaid Third-Party Liability Act unambiguously requires Medicaid to be repaid in
• McKESSON & Robbins, Inc. v. Taft St. Shopping Ctr.
  184 So. 2d 210· Fla. 2d DCA· 1966-03-18 ·cited 6×
  The landlord's lien for rent is superior to a subsequent attachment lien, and the tenant is the only party who can object to a failure to post an amended bond for an increased rent claim.
• Simpson v. Simpson
  123 So. 2d 289· Fla. 2d DCA· 1960-09-07 ·cited 6×
  This case addresses whether a recorded mortgage securing future advances on property remains valid when the property acquires homestead status after the mortgage is recorded but before the loan is advanced. The court held that the mortgage becomes an effective lien from the date
• Lewis v. The Honorable A. Sherman Christenson
  263 F.2d 536· 10th Cir.· 1959-01-19 ·cited 6×
  The court held that mandamus is the proper remedy to enforce compliance with a mandate, directing the receiver to pay the partnership's claim immediately from proceeds of attached securities.
• Cornwell v. Williford
  73 Fla. 305· Fla.· 1917-02-08 ·cited 6×
  Cornwell sought to remove a cloud on title to land in DeSoto County, Florida, challenging a Sheriff's deed to Williford based on a judgment against Cornwell's grantor, Lowman. The court reversed the lower court's dismissal, holding that the judgment was void because the clerk lac
• Desiderio v. D'Agostino
  127 Fla. 377· Fla.· 1937-02-13 ·cited 5×
  This case concerns the validity of an execution levied on real estate after the defendant's death, where the property was subject to an attachment lien established during the defendant's lifetime. The court affirmed the execution, finding it valid despite previous stays and chang
• Atod, Inc. v. Coleman
  214 So. 2d 769· Fla. 3d DCA· 1968-10-15 ·cited 4×
  The court held that the defendant's open and visible possession of the leased premises constituted constructive notice, meaning the plaintiff, as a purchaser at a subsequent sheriff's sale, acquired no greater rights than the debtor had.
• Bankruptcy v. Waterson
  279 F.2d 193· 10th Cir.· 1960-05-27 ·cited 4×
  The court held that the chattel mortgage was valid against the trustee because it was properly filed and the attachment lien only reached the debtor's equity in the truck, which was less than the mortgage debt.
• Orvis v. McGRATH
  198 F.2d 708· 2d Cir.· 1952-06-30 ·cited 4×
  An unlicensed attachment lien obtained after a freezing order is null and void and does not confer priority over other creditors when the Custodian vests the property.
• Reichert v. Fed. Land Bank of ST. Paul
  139 F.2d 627· 8th Cir.· 1944-01-05 ·cited 4×
  A crop mortgage held by the owner of a real estate mortgage is subject to bankruptcy proceedings under § 75, sub. s, and does not deprive the bankrupt of crop proceeds exceeding the court-fixed rental.
• First Nat'l Bank of Brooksville v. Evans
  100 Fla. 740· Fla.· 1930-09-05 ·cited 4×
  This case concerns the priority of liens between a chattel mortgage and a subsequent attachment. The court held that a chattel mortgage, properly filed for record, takes priority over a later attachment lien, even if the clerk has not yet physically recorded the mortgage. This de
• Rolling v. State
  630 So. 2d 635· Fla. 1st DCA· 1994-01-06 ·cited 2×
  A temporary injunction to secure a statutory lien on the proceeds of a crime is improper before a conviction, as the right to the lien is contingent upon that future event.
• Gersten v. Bessemer
  352 So. 2d 68· Fla. 4th DCA· 1977-05-06 ·cited 2×
  The court reversed a foreclosure judgment against homestead property for nonpayment of a recreational lease fee. The court held that while a lien was created by contract when the deed was executed, it cannot be enforced against homestead property because it does not fall within t
• Edward R. Bacon Co. v. Bankruptcy
  420 F.2d 678· 9th Cir.· 1970-01-21 ·cited 2×
  The court held that the debtor was not insolvent when the attachment lien attached, as assets must be valued as a going concern.
• Samuels v. Kockos Bros., Ltd.
  307 F.2d 147· 9th Cir.· 1962-07-06 ·cited 2×
  The court held that the action was time-barred and that the appellant misused the bankruptcy court.
• Crane v. Wikle
  298 F.2d 261· 9th Cir.· 1961-12-06 ·cited 2×
  The court held that the bankruptcy court had summary jurisdiction to determine the validity of the attachment lien, and that the lien was void as it was obtained within four months of bankruptcy against an insolvent debtor.
• England v. Lorne M. Stanley
  284 F.2d 700· 9th Cir.· 1960-12-13 ·cited 2×
  The court held that the district court had jurisdiction to extend the time for filing a petition for review and that the sheriff's service of a writ of attachment on Lillian Dandini, who claimed a lien on the property, created a valid lien in favor of Stanley.
• Bertram v. Citizens Nat'l Bank
  283 F.2d 783· 6th Cir.· 1960-11-18 ·cited 2×
  The court held that the payment to the bank did not constitute a voidable preference because the release of the attachment extinguished the lien, and the payment did not diminish the assets available to general creditors.
• Miami-Dade Cnty. v. Lansdowne Mortg., LLC
  235 So. 3d 960· Fla. 3d DCA· 2017-10-18 ·cited 1×
  Miami-Dade County appeals a foreclosure judgment that prioritized Lansdowne's mortgage over the County's homestead tax lien. The court reversed, holding that Florida Statutes § 197.122(1) makes tax liens superior to all other liens, including mortgages recorded before the tax lie
• E-Z Cashing, LLC v. Ferry
  M.D. Fla.· 2023-02-21
  The court held that there is a genuine dispute of material fact regarding two elements of the equitable estoppel defense, requiring reversal of the bankruptcy court's summary judgment order on that issue. The court also dismissed the cross-appeal regarding attorney's fees as moot
• Rolling v. State
  655 So. 2d 230· Fla. 5th DCA· 1995-06-02
  Danny Rolling appeals from a trial court order imposing a lien on any literary, cinematic, or other proceeds arising from his crimes. The appellate court quashes the lien order on the ground that no res (proceeds) currently exists or is likely to exist, making the lien premature
• In re Jenson v. Jenson
  980 F.2d 1254· 9th Cir.· 1992-12-01
  The FDIC's attachment lien was not a voidable preference and was properly allowed as a secured claim because it was perfected more than 90 days before the bankruptcy filing.
• S & S Gasket Co., Inc. v. United States
  635 F.2d 568· 6th Cir.· 1980-12-11
  A state judgment lien is choate and has priority over a federal tax lien if it is specific, perfected, and attached to the property before the federal lien is recorded.
• In re Balogh & Co., Inc.
  D.D.C.· 1970-10-07
  A bankruptcy court may exercise summary jurisdiction over a fund attached in state court if all parties with claims to the fund consent, even if the attachment lien would otherwise be voidable under Section 67(f) of the Bankruptcy Act.
• United States v. Knauth
  183 F.2d 874· 5th Cir.· 1950-07-21
  Proctors do not obtain a maritime or attachment lien on a vessel for services rendered in defending its owner, and thus cannot claim against a compensation fund established for liens existing at the time of requisition.