Bona Fide Purchaser For Value Without Notice

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

• Harkless v. Laubhan
  219 So. 3d 900· Fla. 2d DCA· 2016-12-21 ·cited 4×
  David Harkless appeals a summary judgment in favor of the Laubhans, claiming he reserved the right to receive rent from a Verizon lease when he sold property containing the leased parcel. The court reverses, holding that Harkless validly reserved his rental rights in the initial
• Crown Gen. Stores, Inc. v. Ultra Meat Mkt., Inc.
  843 So. 2d 287· Fla. 3d DCA· 2003-02-19 ·cited 4×
  Crown General Stores appeals a judgment in favor of Ultra Meat Market regarding non-payment of a leasehold mortgage obligation. The court reversed, holding that Ultra was not a bona fide purchaser without notice because it had implied actual notice of Crown's pre-existing interes
• Fla. Masters Packing, Inc. v. Craig
  739 So. 2d 1288· Fla. 4th DCA· 1999-09-17 ·cited 4×
  Florida Masters Packing, Inc. sought reformation of deeds and to quiet title to real property where a legal description erroneously described the northern boundary as extending 35 feet beyond where the original parties intended. The court affirmed dismissal, holding that reformat
• Freedom Sav. & Loan Ass'n v. Horton
  553 So. 2d 1335· Fla. 1st DCA· 1989-12-15 ·cited 4×
  Freedom Savings and Loan Association appeals a summary judgment that denied its foreclosure action against the Hortons, who claimed to be bona fide purchasers for value. The court reversed, finding genuine issues of material fact remain regarding whether the Hortons had notice of
• Abraham Lincoln Ins. Co. v. Franklin Sav. & Loan Ass'n
  434 F.2d 264· 8th Cir.· 1970-12-10 ·cited 4×
  The court held that a subsequent purchaser, even with notice of defenses, takes free of those defenses if the original transfer was to a bona fide purchaser without notice.
• Maas Bros., Inc. v. Guar. Fed. Sav. & Loan Ass'n
  180 So. 2d 195· Fla. 2d DCA· 1965-11-16 ·cited 4×
  Maas Brothers, Inc. appeals a summary final decree awarding carpeting to Guaranty Federal Savings & Loan Association. The court reverses, holding that Maas retains title to wall-to-wall carpeting installed under a title retention contract, and estoppel does not apply because the
• Linick v. Lamm
  143 So. 2d 551· Fla. 3d DCA· 1962-07-31 ·cited 4×
  In this chattel mortgage foreclosure case, the court affirmed the lower court's decision to foreclose on a mortgaged horse, rejecting the appellant's claim that he was a bona fide purchaser for value without notice. The court held that the recorded mortgage constituted constructi
• HAL Rivers Standard Serv. Station v. Cont'l Indus., Inc.
  140 So. 2d 617· Fla. 2d DCA· 1962-04-18 ·cited 4×
  Service station operators who purchased cigarette vending machines from intermediate sellers challenged a foreclosure decree based on the original sellers' retained conditional sales liens. The court reversed, holding that the intermediate sellers held themselves out as dealers a
• Vandenbark v. Busiek
  126 F.2d 893· 7th Cir.· 1942-04-03 ·cited 4×
  The court held that a perpetual reservation of royalties constitutes a reservation of the oil and gas in place, and that a stipulation clarifying a deed's intent is admissible evidence.
• The Panama Inv. Co. v. Ricker
  70 Fla. 614· Fla.· 1916-01-05 ·cited 4×
  The Florida Supreme Court reversed a lower court order sustaining exceptions to the defendants' answers in a chancery suit brought by county commissioners to enforce public road access. The Court held that county commissioners lack authority to bring suits in their representative
• Citimortgage v. Porter
  261 So. 3d 739· Fla. 3d DCA· 2018-12-19 ·cited 2×
  CitiMortgage appeals summary judgment favoring Sun West regarding priority of mortgage liens on a residential property. CitiMortgage's first mortgage was recorded in 2005, but suspicious documents—including a satisfaction purportedly executed in 2009 but recorded in 2012 and a di
• Trage v. 311 Meridian & 3RD St., LLC
  924 So. 2d 925· Fla. 3d DCA· 2006-03-29 ·cited 2×
  Dennis Trage appealed a trial court's grant of partial summary judgment in favor of three LLCs regarding his claim to real estate. The court affirmed, holding that Judith Trage lacked authority to assign Atlantic South Beach Properties' interest in purchase agreements to her son
• Zibell v. Lilly Chan and John V. Childers
  535 So. 2d 708· Fla. 5th DCA· 1988-12-29 ·cited 2×
  Alice Zibell appealed a summary judgment and attorney's fees award against her in a dispute with Lilly Chan over whether compound interest was due on a mortgage note that Chan had assumed. The court affirmed, finding that Zibell's action was frivolous because she presented no com
• Marco Tech. Corp. v. Reynolds
  520 So. 2d 63· Fla. 4th DCA· 1988-02-03 ·cited 2×
  Marco Technology Corporation sought to execute on a judgment against New Haven Sugar by claiming the 1982 rice packing machinery purchased from Marco was still property of New Haven Sugar and subject to execution, despite being transferred through a foreclosure sale. The court af
• Republic of Haiti v. Crown Charters, Inc.
  667 F. Supp. 839· S.D. Fla.· 1987-08-13 ·cited 2×
  The court held that material issues of fact precluded summary judgment on claims of constructive trust, breach of fiduciary duty, conversion, and money had and received. The court also granted Crown's motion to compel depositions of Stroock lawyers via written questions under spe
• The Rath Packing Co. v. Paul Blood Farms, Inc.
  419 F.2d 13· 8th Cir.· 1969-12-12 ·cited 2×
  The court should have applied the equitable principle that the party enabling a third person to occasion loss must sustain it, rather than affirming a decision that sanctions secret agreements and concealed ownership.
• Nissim Hadjes, Inc. v. Di Costanzo
  197 So. 2d 602· Fla. 3d DCA· 1967-04-04 ·cited 2×
  Nissim Hadjes, Inc. appeals a summary judgment quieting title in favor of Nicholas Di Costanzo to a section of land in Dade County. Both parties claimed title from Richards Land Development Corporation through different deeds recorded in 1958 and 1965. The court reversed, holding
• Midtown Bank OF Miami v. The Travelers Indem. Co.
  366 F.2d 459· 5th Cir.· 1966-09-20 ·cited 2×
  A surety's equitable lien on funds due its principal is superior to subsequent assignments, but this priority is defeated if the principal's creditor receives payment without notice of the surety's claim or the principal's default.
• Donoghue v. Beeler
  127 So. 2d 125· Fla. 3d DCA· 1961-02-27 ·cited 2×
  This case involves a dispute over a chattel mortgage and a subsequent sale of the mortgaged chattels. The appellate court affirmed a lower court's decision, finding the buyer to be a bona fide purchaser without notice, despite a discrepancy in the property's listed location in th
• Caywood v. United States
  232 F.2d 220· 9th Cir.· 1956-02-10 ·cited 2×
  The judgment should be affirmed, though the judge offers separate reasoning regarding the completion of the crime and the statute of limitations.
• Kirby Lumber Corp. v. Williams
  230 F.2d 330· 5th Cir.· 1956-02-10 ·cited 2×
  A purchaser of notes after maturity is not a bona fide purchaser of the lien securing them and takes subject to prior equities.
• McCULLEN et ux. v. Hereford State Bank
  214 F.2d 185· 5th Cir.· 1954-06-23 ·cited 2×
  The court held that the Klinkes, as good faith purchasers for value without notice of any wrongful transfer, acquired good title to the stock, and therefore neither they nor the bank could be held liable for the fraudulent conversion of the stock.
• Zumwalt v. Goodwin
  133 F.2d 984· 10th Cir.· 1943-01-19 ·cited 2×
  The court held that an agreement to grant a second mortgage does not constitute notice of a vendor's lien for unpaid purchase price, and a bona fide mortgagee without notice of such lien takes priority.
• Irlo Bronson (Complainant below) v. R. E. Willis (Plaintiff below)
  142 Fla. 64· Fla.· 1940-02-27 ·cited 2×
  This case concerns the priority of claims between a judgment creditor and a pledgee of stock. The court held that stock in a national bank is subject to state execution laws and affirmed the lower court's decision, protecting the pledgee's initial security interest but not the su
• Lenin E. Rivas v. Shiu M. Tsang
  Fla. 5th DCA· 2020-04-24
  A property owner who had actual knowledge of a fraudulent transfer but failed to take action to record notice of his claim for more than a year is barred by laches and equitable estoppel from recovering the property from a subsequent bona fide purchaser for value without notice.
• Sanders v. Thomas
  821 So. 2d 1214· Fla. 1st DCA· 2002-07-26
  Sanders and Thomas disputed ownership of a strip of land east of a dirt road. The trial court awarded title to Thomas based on reformation of deeds, adverse possession under color of title, boundary by agreement, and boundary by acquiescence. The appellate court reversed, finding
• Consol. Dominion Enters., Inc. v. NEW Century Bank
  552 So. 2d 1121· Fla. 3d DCA· 1989-09-26
  Consolidated Dominion Enterprises appeals a judgment quieting title in favor of New Century Bank over Consolidated's second mortgage interest. The court reverses, holding that Consolidated, as a bona fide purchaser for value without notice, has a superior interest to New Century
• Growth Props. of Fla., Ltd. v. Brown (In Re May)
  19 B.R. 655· N.D. Fla.· 1982-04-02
  The court held that a bankruptcy trustee, under the strong-arm clause of § 70(c) of the Bankruptcy Act, is deemed a judicial lien creditor without notice and is presumed to have relied on the record, thus allowing reformation of a deed against the trustee even if the bankrupt had
• Fargo v. McALESTER Fuel Co.
  532 F.2d 149· 9th Cir.· 1976-03-19
  The court held that appellants failed to establish a valid adverse claim to the mining claims and that a forfeiture notice was valid, affirming the grant of summary judgment.
• Gen. Fin. Corp. v. E. Lake Auto Sales Co., Inc.
  190 So. 2d 399· Fla. 1st DCA· 1966-09-27
  East Lake Auto Sales sued General Finance Corporation, Richard Starke, and Wiley Bratcher for conversion of eight automobiles purchased by Young Motors on floor plan financing. The court held that East Lake, by delivering possession of the cars and providing notarized bills of sa
• Beth W. Corp. v. Miami Beach Fed. Sav. & Loan Ass'n
  28 Fla. Supp. 128· Broward Cty. Cir. Ct.· 1966-03-24
  Beth W. Corporation sought to void a deed it executed to Windsor Properties, Inc., claiming lack of consideration, fraud, and that Windsor lacked corporate status. The court granted summary judgment for the mortgagees Miami Beach Federal and Rosalyn Rosenman, holding that Beth W.
• Adele Licata v. Acolite Sign Co., Inc.
  183 So. 2d 865· Fla. 3d DCA· 1966-03-15
  The court held that the evidence was sufficient to support the trial court's finding that the appellant was not a bona fide purchaser for value without notice, and thus the transfer was void as to the creditor.
• B. Hayden Crawford for the Rutang Corp. v. Commercial Credit Corp.
  167 So. 2d 28· Fla. 3d DCA· 1964-07-07
  A bankruptcy trustee challenged a replevin judgment in favor of a finance company claiming an unpaid installment contract with a retain-title clause gave it possession rights to three automobiles. The court held that the retain-title agreement was valid and enforceable despite th
• Nell Austin v. Harden
  152 So. 2d 751· Fla. 2d DCA· 1963-04-19
  Nell Austin appealed a summary decree awarding title to a thoroughbred quarter horse to George C. Harden, Jr., a bona fide purchaser for value without notice. The court affirmed, holding that Austin's unrecorded claim of lien could not defeat Harden's title under Florida's record
• Nally v. Olsson
  134 So. 2d 265· Fla. 2d DCA· 1961-11-08
  John Nally conveyed an unimproved lot to his sisters shortly before a judgment creditor obtained a $15,000 judgment against him for malicious prosecution. The trial court set aside the deed as a fraudulent conveyance designed to hinder collection, and the appellate court affirmed
• Sanford (Sandy) KAY and Al Martin v. Atl. Disc. Co., Inc.
  133 So. 2d 657· Fla. 3d DCA· 1961-10-23
  In this replevin action, Atlantic Discount Co. sued to recover a Cadillac automobile sold under a conditional sales contract. The trial court granted summary judgment for Atlantic Discount, and appellants Kay and Martin—who held a floor plan mortgage on the vehicle—appealed, argu
• The Everglades Cypress Co. v. Tyner
  119 Fla. 43· Fla.· 1935-04-05
  This case involves a dispute over a mortgage and promissory notes. The appellate court affirmed the lower court's decision to overrule a motion to dismiss the defendants' answer and counterclaim, finding their allegations sufficient to raise valid defenses.