Bona Fide Purchaser

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

• Tam P. Moody and Diane N. Moody v. City OF Vero Beach
  203 So. 2d 345· Fla. 4th DCA· 1967-10-30 ·cited 6×
  Homeowners challenged special assessments levied by the City of Vero Beach for street improvements that had been completed in 1964 but assessed in 1965, arguing that they purchased the property after improvements were made and before assessment was levied. The court held that Flo
• The Nat'l State Bank OF Newark v. Robert Richter Hotel, Inc.
  186 So. 2d 321· Fla. 3d DCA· 1966-05-17 ·cited 6×
  The National State Bank of Newark sought to recover an unpaid balance on a conditional sales contract for television sets assigned to it by the original vendor, Frank Rogers, Inc. The trial court directed a verdict for the hotel buyer, Robert Richter Hotel, Inc., which had return
• C. E. H. McDONNELL to Murray Ferguson Under Chapter X Reorganization Proceeding for Equitable Plan Co. v. Bucks Cnty. Farms
  334 F.2d 763· 3d Cir.· 1964-07-16 ·cited 6×
  The court held that the lower court erred in applying res judicata and that certain issues regarding the validity of a second mortgage and its assignment could not be determined on the present record, requiring remand.
• Decker Steel Co. v. The Exch. Nat'l Bank OF Chicago
  330 F.2d 82· 7th Cir.· 1964-04-03 ·cited 6×
  A bank issuing a letter of credit is not obligated to look beyond the presented documents for disputes between the underlying contract parties, and is not charged with knowledge of those disputes.
• Cities Serv. OIL Co. v. Adair
  273 F.2d 673· 10th Cir.· 1959-12-29 ·cited 6×
  The court held that a partial owner of an oil and gas lease must file an affidavit of production to provide constructive notice to subsequent purchasers of the lease's extension beyond its primary term.
• Matter of Einhorn Bros., Inc.
  272 F.2d 434· 3d Cir.· 1959-12-01 ·cited 6×
  The court held that the landlord's lien and the Commonwealth's liens were superior to the Bank's security interest, and that the distribution order, which postponed the Bank's lien, was correct.
• Johnson v. Robinson
  203 F.2d 135· 5th Cir.· 1953-04-02 ·cited 6×
  A party who receives proceeds from the sale of goods, applying them to a pre-existing debt of the seller, is not a bona fide purchaser and must return the proceeds to the original seller if the initial cash sale payment is dishonored.
• Wilkin v. Shell Oil Co.
  197 F.2d 42· 10th Cir.· 1951-12-26 ·cited 6×
  Entry into military service stops the running of any period of redemption for property, which resumes upon discharge.
• Coin Mach. Acceptance Corp. v. O'Donnell
  192 F.2d 773· 4th Cir.· 1951-11-05 ·cited 6×
  The court held that the amended Bankruptcy Act, Public Law 461, applies retroactively to pending cases, validating the trust receipts.
• Bd. of Nat'l Missions of Presbyterian Church in the United States v. Smith
  182 F.2d 362· 7th Cir.· 1950-05-24 ·cited 6×
  The court held that the testator's will granted his widow a life estate with the power to sell the fee simple, and that the prior conveyance to the widow was valid, thus affirming the summary judgment for the defendant.
• Ross v. Carey. In re Broome
  174 F.2d 872· 5th Cir.· 1949-06-03 ·cited 6×
  The bankruptcy court cannot stay execution of a state court's writ of possession for a mortgage foreclosure sale that occurred before the mortgagor filed for bankruptcy.
• Thompson v. MRS. Edna Guntner
  160 Fla. 856· Fla.· 1948-09-28 ·cited 6×
  This suit in replevin concerns a car dealership's attempt to recover a new Oldsmobile from a woman who claimed to be a bona fide purchaser after the original buyer paid with a worthless check.
• Whittington v. Davis
  159 Fla. 409· Fla.· 1947-07-29 ·cited 6×
  A party in possession of land under a superior equitable claim may present that defense in response to a tax deed holder's petition for a writ of possession.
• Jensen v. Skibiski
  158 Fla. 331· Fla.· 1946-12-06 ·cited 6×
  This case concerns a suit for specific performance of a real estate contract where the sellers refused to convey, alleging fraud by the broker and lack of mutuality, after the buyer assigned their interest to a third party.
• Anderson v. Gen. Am. Life Ins. Co.
  141 F.2d 898· 6th Cir.· 1944-04-07 ·cited 6×
  The court held that the insurance company was a bona fide holder in due course of the certificates of deposit and was not bound by the bank's side-agreements with Caldwell, as Caldwell's knowledge was not imputable to the insurer and the bank had participated in fraud.
• Temple Terrace Assets Co., Inc. v. Wason
  120 Fla. 638· Fla.· 1935-08-28 ·cited 6×
  The Florida Supreme Court reversed a decree that enjoined the sale of property under execution, holding that a conveyance by a debtor who secretly retained possession of the property constitutes constructive fraud on creditors as a matter of law, regardless of the parties' actual
• Baker & Holmes Co. v. Cora Lee Gibson
  102 Fla. 891· Fla.· 1931-08-10 ·cited 6×
  Baker & Holmes Company obtained a judgment against W. B. Gibson on promissory notes and levied on lands. Gibson's wife, Cora Lee Gibson, sought to enjoin the sale, claiming the lands as her separate property via deeds executed in November 1926 but not recorded until September 192
• Commercial Nat'l Bank v. Jordan
  71 Fla. 566· Fla.· 1916-04-27 ·cited 6×
  Commercial National Bank, as a bona fide indorsee of a negotiable promissory note, sought to enforce the note against the maker despite the note's origin in a transaction that violated Florida's foreign corporation statute. The Florida Supreme Court held that a negotiable note in
• Greeley v. The City of Jacksonville & Roy P. Moody
  17 Fla. 174· Fla.· 1879-01-01 ·cited 6×
  A Jacksonville property owner challenged the legality of municipal bonds issued for sanitary improvements, arguing the bond issuance lacked proper notice and procedural compliance. The Florida Supreme Court affirmed dismissal of the suit, holding that the city had authority to is
• Nunes v. Allstate Inv. Props., Inc.
  69 So. 3d 988· Fla. 4th DCA· 2011-09-07 ·cited 5×
  Marilyn Ann Nunes appealed a summary judgment ruling that barred her from asserting ownership claims to real property based on equitable estoppel. The court affirmed the ruling, holding that Nunes's knowledge of forged deeds combined with her years-long silence and failure to not
• Bank OF Am. v. Bank OF Salem & Mace David Howell, III
  48 So. 3d 155· Fla. 1st DCA· 2010-11-22 ·cited 5×
  Bank of Salem sought a constructive trust on proceeds from the sale of a condominium that Bank of America recovered through an Arkansas judgment against the Howell Estate. The trial court granted Bank of Salem's motion, but the appellate court reversed, holding that neither bank
• Bud B. Brace & Alta M. Brace v. Comfort
  2 So. 3d 1007· Fla. 2d DCA· 2008-12-03 ·cited 5×
  The Braces appealed a trial court's dismissal of their multi-count complaint arising from a failed real estate transaction. The appellate court held that the statute of frauds defense does not bar claims for declaratory relief, unjust enrichment, civil conspiracy, tortious interf
• De Vico v. The Chase Manhattan Bank
  823 So. 2d 175· Fla. 3d DCA· 2002-07-10 ·cited 5×
  The court held that constructive service was improper because the lender did not make a conscientious effort to personally serve the appellant.
• Bermuda Express, N.V. v. M/V Litsa (EX. Laurie U) In Rem
  872 F.2d 554· 3d Cir.· 1989-04-13 ·cited 5×
  The court held that stevedoring services and associated labor costs under collective bargaining agreements constitute 'necessaries' giving rise to maritime liens, and that the lienors exercised reasonable diligence, thus their claims were not barred by laches against a good faith
• Prewitt v. United States
  792 F.2d 1353· 5th Cir.· 1986-06-30 ·cited 5×
  Under Texas law, a divorce decree awarding real property must be recorded in the county deed records to be effective against a subsequent creditor without notice, such as the IRS, even if the decree is filed in the court's minutes.
• Coates v. Hale
  429 So. 2d 761· Fla. 1st DCA· 1983-04-12 ·cited 5×
  Coates contracted to sell property to Hale but later conveyed it to Amori in violation of the earlier agreement. The trial court granted specific performance of the Coates-Hale contract and $2,500 in damages. The appellate court affirmed specific performance but reversed the dama
• Mills v. Damson OIL Corp.
  691 F.2d 715· 5th Cir.· 1982-11-02 ·cited 5×
  The court held that the evidence was sufficient to support the finding that the agent had actual notice of a prior deed, and that deed recitals did not establish valuable consideration for recording statute purposes.
• Kremser v. Hadigher Tonokaboni
  356 So. 2d 1331· Fla. 3d DCA· 1978-04-04 ·cited 5×
  Appellants sought to foreclose a mortgage executed by the appellee to secure a business purchase. The court affirmed the dismissal, holding that the mortgage lacked consideration because no debt existed between the mortgagor and mortgagee, and that appellants, as assignees with k
• Tagaropulos, S.A. v. S.S. Santa Paula ex SS Hans Isbrandtsen
  502 F.2d 1171· 9th Cir.· 1974-09-05 ·cited 5×
  The court held that the ship chandler's maritime lien claim was barred by laches due to its failure to exercise a high degree of diligence in collecting its debt.
• Myron L. Kenler and Regina O. Kenler v. Canal Nat'l Bank
  489 F.2d 482· 1st Cir.· 1973-10-18 ·cited 5×
  A "No Action" letter from the SEC does not satisfy the requirement for an opinion of counsel under a restrictive stock legend, and therefore the transfer was not rightful, precluding a claim against the transfer agent under the UCC.
• Sheffield v. Paul Cook Carter and wife
  141 So. 2d 780· Fla. 2d DCA· 1962-06-01 ·cited 5×
  The Carters sought to collaterally attack a 1955 quiet title decree obtained by Betty Sheffield against them through service by publication, alleging defects in the constructive service affidavit. The court reversed the denial of the motion to dismiss, holding that while the decr
• Baker v. COX
  120 So. 2d 214· Fla. 2d DCA· 1960-03-30 ·cited 5×
  Property owners Bellamy sought to cancel an option to purchase land and related assignments, while the option holders sought specific performance. The Supreme Court had previously reversed an initial cancellation decree, and on remand, the trial court granted summary judgment for
• Freeman F. Gross v. Hammond
  138 Fla. 20· Fla.· 1939-05-16 ·cited 5×
  Freeman F. Gross sought specific performance of an option agreement to repurchase a hotel property, claiming a "friendly foreclosure" by mortgagee Charles S. Munson was merely a change in security form rather than a true discharge of the debt. The Florida Supreme Court affirmed t
• Mun. Bond & Mortg. Corp. v. Bishop's Harbor Drainage Dist.
  133 Fla. 430· Fla.· 1938-07-13 ·cited 5×
  Municipal Bond and Mortgage Corporation appealed the dismissal of its bill of complaint seeking to enforce $130,000 in drainage district bonds. The Florida Supreme Court held that a judicial validation decree cannot cure the deficiency of a non-existent drainage district and affi
• Cunningham v. Tucker
  14 Fla. 251· Fla.· 1873-01-01 ·cited 5×
  This appeal challenges a Circuit Court's grant of an injunction and appointment of a receiver in a mortgage foreclosure action on a steamboat. The Florida Supreme Court reverses, holding that the plaintiff failed to establish sufficient grounds for the equitable relief because ma
• United States v. Gardiner
  512 F. Supp. 2d 1270· S.D. Fla.· 2007-08-27 ·cited 4×
  The court held that the Civil Asset Forfeiture Reform Act (CAFRA) does not apply to criminal forfeiture proceedings, and the petitioner was not entitled to attorney fees under the Equal Access to Justice Act (EAJA) because the government's position was substantially justified.
• Real Est. Corp. OF Fla., N.V. v. Dawn Developers, Inc.
  644 So. 2d 145· Fla. 5th DCA· 1994-10-21 ·cited 4×
  Real Estate Corporation of Florida (REC) appealed a trial court's order striking its renewed motion to implead third parties in supplementary proceedings, arguing the original denial of impleader was interlocutory and nonappealable. The Fifth District Court of Appeal held that or
• Broadcort Cap. Corp. v. Summa Med. Corp.
  972 F.2d 1183· 10th Cir.· 1992-08-17 ·cited 4×
  The court held that the plaintiff had standing to sue for damages resulting from the issuer's refusal to register a stock transfer, and that a conversion claim was permissible alongside statutory remedies.
• In re Mem'l Ests.
  950 F.2d 1364· 7th Cir.· 1991-12-30 ·cited 4×
  The court held that the federal courts had subject matter jurisdiction over the foreclosure action, that Cemco's appeals were largely moot due to the property sale, and that Cemco lacked standing to raise certain issues. The court also affirmed the bankruptcy court's jurisdiction
• In re Assets of Tom J. Billman v. McKINNEY
  915 F.2d 916· 4th Cir.· 1990-10-03 ·cited 4×
  The court held that 18 U.S.C. § 1963 empowers a district court to enjoin the disposition of substitute assets transferred to a third party pending a criminal trial and forfeiture proceedings, even if the assets are not directly proven to be proceeds of racketeering activity.
• Local Union NO. 5741 v. Nat'l Labor Relations Bd.
  865 F.2d 733· 6th Cir.· 1989-01-10 ·cited 4×
  The court held that imposing successor liability on a union that did not voluntarily choose to become a successor and lacked knowledge of predecessor's unfair labor practices is unjust and not supported by substantial evidence.
• Butler v. Lomas & Nettleton Co.
  862 F.2d 1015· 3d Cir.· 1988-12-07 ·cited 4×
  A transfer under 11 U.S.C. § 548(d)(1) is perfected when it becomes unassailable by a bona fide purchaser, which in Pennsylvania for real property occurs upon recording of the deed or at the sheriff's sale, not upon delivery of the deed.
• In re Ryan v. Cont'l Assurance Co.
  851 F.2d 502· 1st Cir.· 1988-07-11 ·cited 4×
  A bankruptcy trustee, as a hypothetical bona fide purchaser, has priority over a prior unrecorded or defectively recorded mortgage if the trustee lacks actual or constructive notice under state law.
• McALISTER v. Salas
  485 So. 2d 1333· Fla. 2d DCA· 1986-03-19 ·cited 4×
  In this second appeal of a real estate contract dispute, the court reversed the trial court's denial of specific performance after finding that the defendant Salas conveyed the disputed property to third parties (the Parkers) shortly after an appeal was filed, apparently to defea
• United States v. Mark Twain Bank-Kansas City
  771 F.2d 361· 8th Cir.· 1985-08-21 ·cited 4×
  The court affirmed the judgment against 2001 Computerized Consultants, Inc., finding it was not a holder in due course, but remanded for further factual findings regarding Arthur Selectman's status.
• In re Hartman Paving, Inc. v. Hartman Paving, Inc.
  745 F.2d 307· 4th Cir.· 1984-10-02 ·cited 4×
• In re Potts v. Potts
  724 F.2d 47· 6th Cir.· 1984-01-06 ·cited 4×
  Testimony regarding the parties' intent at the time of deed delivery is admissible to show title did not pass, and the parol evidence rule does not bar such evidence when offered to prove lack of complete delivery.
• Chevron v. United States
  705 F.2d 1487· 9th Cir.· 1983-05-17 ·cited 4×
  The court held that the government's liens for gift and estate taxes were enforceable against rental income and property, even with untimely refiling of gift tax liens, because the levy occurred during the life of the initial liens and the sale of estate property was invalid for
• Yaist v. The United States V. Olson Fla. Realty Co.
  656 F.2d 616· Ct. Cl.· 1981-07-29 ·cited 4×
  The United States, by acquiring and retaining property without bona fide purchaser status due to its negligent title search, has taken the property and owes just compensation to the plaintiff.
• Meyer v. Schwartz
  391 So. 2d 310· Fla. 4th DCA· 1980-12-10 ·cited 4×
  The personal representative of a decedent's estate challenged the trial court's imposition of an equitable lien on the estate's real property in favor of a creditor who held a written promise of a second mortgage. The appellate court affirmed the equitable lien, holding that a wr