Bona Fide Purchaser

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

• Lovett v. Shuster
  633 F.2d 98· 8th Cir.· 1980-10-22 ·cited 4×
  The court held that the erroneous consideration of deposition testimony was harmless error, and that perfection of a security interest in instruments under Minnesota law occurs upon possession, not formal assignment.
• Richwagen v. Lilienthal
  386 So. 2d 247· Fla. 4th DCA· 1980-07-02 ·cited 4×
  Richwagen appeals a replevin judgment denying him possession of a boat sold by a marina to Lilienthal. The court reverses, holding that the marina lacked a perfected warehouseman's lien because no warehouse receipt was issued, and therefore could not convey good title to Lilienth
• Winkler v. Andrus
  614 F.2d 707· 10th Cir.· 1980-02-01 ·cited 4×
  The court held that the determination of whether Davis Oil Company and Marvin Davis were bona fide purchasers requires a factual evaluation by the trial court regarding the notice provided by the BLM records at the time of assignment.
• Love v. Elliott
  350 So. 2d 93· Fla. 1st DCA· 1977-09-12 ·cited 4×
  An 87-year-old illiterate widow sought rescission of a mineral deed after discovering that the deed conveyed substantially more mineral interests than the two acres she orally agreed to sell. The appellate court reversed the rescission judgment, holding that bona fide purchasers
• Coleman v. Golkin
  562 F.2d 166· 2d Cir.· 1977-09-09 ·cited 4×
  The court held that the Nominee Agreement created a trust, and the corporation's distribution of stock did not extinguish the trust, requiring a remand to determine the extent of the trustee's liability.
• James v. O'Kane and F. Kenneth Millhollen
  561 F.2d 207· 10th Cir.· 1977-09-06 ·cited 4×
  The court held that a purchaser of a federal oil and gas lease who exercises ordinary care in checking Bureau of Land Management records and obtains an abstractor's report showing clear record title is a bona fide purchaser, even if the assignment lacks a warranty of title and th
• Misty Mgmt. Corp. v. Lockwood
  539 F.2d 1205· 9th Cir.· 1976-06-23 ·cited 4×
  The court held that First American's unsecured claim against the bankrupt estate cannot exceed the claim of Tri-Aviation, given First American's actual fraudulent intent.
• Greyhound Rent-A-Car, Inc. v. Austin
  298 So. 2d 345· Fla.· 1974-07-17 ·cited 4×
  Greyhound Rent-A-Car sought review of a judgment for a used car purchaser (Austin) in a replevin action. The Florida Supreme Court discharged the writ of certiorari, finding no direct conflict with cited cases and holding that the Motor Credit Corporation v. Woolverton equitable
• 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.
• Commercial Acceptance Corp. v. Barnes
  179 So. 2d 251· Fla. 1st DCA· 1965-10-14 ·cited 4×
  Unsupported and conclusory allegations in an untimely answer are insufficient to defeat a motion for summary judgment when the moving party provides supporting evidence.
• Ronta, Inc. v. City OF Fort Lauderdale
  153 So. 2d 35· Fla. 2d DCA· 1963-05-10 ·cited 4×
  Ronta, Inc. appealed a final decree denying its claim to recover an alcoholic beverage license that had been pledged as collateral by its predecessor's lessee. The court affirmed, holding that the appellant lacked sufficient notice and property interest to prevail against an inno
• Universal C. I. T. Credit Corp. v. Broward Nat'l Bank OF Fort Lauderdale
  144 So. 2d 844· Fla. 2d DCA· 1962-09-28 ·cited 4×
  Universal C.I.T. Corporation sought to garnish funds belonging to Herbert S. Faris through a garnishment served on Broward National Bank. The bank paid a cashier's check to Manufacturers Trust Company after it was endorsed by Faris to his attorney Gordon Novod and then to the tru
• Bourke v. Krick
  304 F.2d 501· 4th Cir.· 1962-06-05 ·cited 4×
  A recorded deed conveying real property, even if subject to a prior contract of sale, provides constructive notice to subsequent assignees of the vendor's rights, rendering the assignment invalid against the recorded deed.
• In re Summit Hardware, Inc. v. Foote
  302 F.2d 397· 6th Cir.· 1962-04-19 ·cited 4×
  An equitable lien arising from a borrower's contractual obligation to provide written statements to a factor is valid against unsecured creditors and the trustee in bankruptcy, even if the borrower fails to provide those statements.
• Am. Disc. Co. v. Cent. Bank OF Tampa
  135 So. 2d 264· Fla. 2d DCA· 1961-11-29 ·cited 4×
  American Discount Company sought to recover possession of a 1960 Ford automobile through replevin against Central Bank of Tampa, claiming a superior lien through its assignment of a conditional sales contract. The trial court held that the bank's chattel mortgage, properly record
• Gamble v. Cornell OIL Co.
  260 F.2d 860· 10th Cir.· 1958-10-13 ·cited 4×
  The court held that Cornell and Harper were bona fide purchasers for value without notice of the unrecorded development contract, and thus were not bound by its terms.
• Bart McKENNEY and Marie McKenney v. Buffelen Mfg. Co.
  232 F.2d 5· 9th Cir.· 1956-02-29 ·cited 4×
  The court held that the generality of injunctive commands did not deprive the trial court of jurisdiction, but allowed the trial court to amend the provisions if it deemed advisable.
• Reconstr. Fin. Corp. v. Cody Fin. Co.
  214 F.2d 695· 10th Cir.· 1954-07-08 ·cited 4×
  The court held that the finance company was a bona fide purchaser for value without notice of the RFC's prior assignment, and its inquiry was sufficient under the circumstances.
• Anderson v. McKAY
  211 F.2d 798· D.C. Cir.· 1954-03-25 ·cited 4×
  The court held that the Andersons' claim to an unrestricted patent was not perfected because the Secretary of the Interior had not made a final determination, and the 1914 Act imposed a reservation requirement that the Secretary had to consider.
• Phelps v. The Cecelia Ann
  199 F.2d 627· 4th Cir.· 1952-11-05 ·cited 4×
  Delay in enforcing maritime liens can constitute laches, barring recovery, especially when it prejudices an innocent purchaser.
• Stone & Webster Eng'g Corp. v. Hamilton NAT. Bank
  199 F.2d 127· 6th Cir.· 1952-10-07 ·cited 4×
  An employer who receives stolen money from an employee, without providing valuable consideration, cannot claim title to the money and must return it to the defrauded party.
• McWILLIAMS v. Edmonson
  162 F.2d 454· 5th Cir.· 1947-06-23 ·cited 4×
  The court held that the transfers of property were fraudulent and ineffective against creditors, as the purported sub-partnership lacked consideration and the transferees did not act in good faith.
• King v. Richardson
  136 F.2d 849· 4th Cir.· 1943-06-19 ·cited 4×
  The court held that the bequest to the church trustees was an absolute gift, not a trust, and that even if a trust existed, the claims were barred by the North Carolina statutes of limitations.
• Assocs. Disc. Corp. v. Hardesty
  122 F.2d 18· D.C. Cir.· 1941-05-05 ·cited 4×
  A buyer who purchases a car from a dealer for value and without notice acquires title, even if the dealer does not possess the certificate of origin, and is entitled to possession of the certificate.
• Tropical State Bank v. Sunshine Motor Co., Inc.
  137 Fla. 703· Fla.· 1939-05-02 ·cited 4×
  Tropical State Bank sued to enforce a chattel mortgage on automobiles pledged by Sunshine Motor Company, which held the vehicles under a trust agreement with American Investment & Mortgage Company. The Florida Supreme Court affirmed dismissal of the complaint, holding that goods
• Bryan v. More
  101 Fla. 31· Fla.· 1931-04-01 ·cited 4×
  The Florida Supreme Court reversed a foreclosure decree on a vendor's lien, holding that the vendor implicitly waived his lien rights by accepting personal notes from the purchaser and consenting to a deed to a third-party corporation rather than the original purchaser, thereby e
• Rosslyn Jones v. The Fla. Lakeland Homes Co.
  95 Fla. 964· Fla.· 1928-05-22 ·cited 4×
  This case concerns a mortgage foreclosure where a subordinate contract purchaser, Rosslyn Jones, argued his interest should not have been extinguished. The court held that Jones failed to provide sufficient notice of his interest to the original vendor, thus his claim was subordi
• Klemtner v. Peters
  90 Fla. 448· Fla.· 1925-11-02 ·cited 4×
  This case involves a promissory note where the maker argued a failure of consideration. The court held that the maker's plea sufficiently alleged that the promised services, which formed the note's consideration, were not performed, thus reversing the lower court's decision to su
• The Ocala Nat'l Farm Loan Ass'n v. The Munroe & Chambliss Nat'l Bank
  89 Fla. 242· Fla.· 1925-03-12 ·cited 4×
  A bank sought to recover funds it paid out based on forged endorsements on checks deposited by the secretary-treasurer of a farm loan association. The Florida Supreme Court reversed, holding that the farm loan association was not liable because the secretary-treasurer acted outsi
• Hal. S. Harris v. Robertson
  77 Fla. 214· Fla.· 1919-02-22 ·cited 4×
  The Florida Supreme Court reversed a lower court's decision to overrule exceptions to a defendant's answer in a mortgage foreclosure suit. The court found that the defenses raised in the answer were legally sufficient.
• Taylor v. Am. Nat'l Bank of Pensacola
  64 Fla. 525· Fla.· 1912-06-01 ·cited 4×
  A Florida Supreme Court case involving competing mortgage claims on the same property. The court held that a bank taking an assignment of a mortgage had constructive notice from the recording records sufficient to put it upon inquiry that should have disclosed the mortgage was in
• Collions I. Pettit v. Coachman
  51 Fla. 521· Fla.· 1906-01-01 ·cited 4×
  A married woman sought to clear title to real property conveyed to her by her husband in 1893 after it was sold at execution to satisfy the husband's judgment debt. The Florida Supreme Court reversed the lower court's dismissal, holding that the wife's legal title was not affecte
• Silas Kearnes v. Hill
  21 Fla. 185· Fla.· 1885-01-01 ·cited 4×
  The Florida Supreme Court affirmed a lower court's decision, holding that a widow who elected to take a child's part of her deceased husband's estate, and who sought to recover her interest from subsequent purchasers, had an adequate remedy at law and failed to allege notice of h
• Ralston E. Macdonnell and Charlene ANN Latimer-Macdonnell v. US Bank Nat'l Assoc. as Legal Title Tr. for Truman 2013 Sc4 Title Tr.
  293 So. 3d 585· Fla. 2d DCA· 2020-04-01 ·cited 3×
  The appellate court affirmed a lower court's denial of a motion to set aside a foreclosure judgment but reversed and remanded regarding unliquidated damages. The court held that while the MacDonnells were not entitled to set aside the judgment due to lack of notice on unliquidate
• In re Heatherwood Holdings, LLC v. HGC, Inc.
  746 F.3d 1206· 11th Cir.· 2014-03-27 ·cited 3×
  The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's judgment, holding that an implied restrictive covenant existed, limiting the use of the golf course property to its operation as a golf course. The court found that the original grantor intend
• U.S. Bank Nat'l Ass'n v. Taylor
  30 So. 3d 530· Fla. 3d DCA· 2010-02-10 ·cited 3×
  U.S. Bank, as holder of a first mortgage, obtained a foreclosure judgment and purchased the property at sale. The trial court improperly granted a post-judgment motion to intervene by Northview, which held only a second mortgage but claimed title based on erroneous book and page
• Mariscotti v. Merco Grp. AT Akoya, Inc.
  917 So. 2d 890· Fla. 3d DCA· 2005-09-14 ·cited 3×
  The court held that a third party cannot be liable for tortious interference with a contract if the underlying contract was properly cancelled by the original parties.
• VLX Props., Inc. v. S. States Utils., Inc.
  792 So. 2d 504· Fla. 5th DCA· 2001-05-21 ·cited 3×
  VLX Properties sought inverse condemnation compensation after reclaimed water flowed across a portion of James Pond that it later acquired. The court receded from its prior decision in VLX1, finding that the original panel had misinterpreted the joinder agreement executed by the
• Browning v. Karen Browning and the Estate of John A. Browning
  784 So. 2d 1145· Fla. 2d DCA· 2001-02-28 ·cited 3×
  A mother sought life insurance proceeds on behalf of her minor child from her ex-husband's estate, claiming the father violated a dissolution decree requiring him to maintain $100,000 life insurance with the child as beneficiary. The trial court awarded the proceeds to the father
• United States v. McCorkle
  143 F. Supp. 2d 1311· M.D. Fla.· 2001-01-11 ·cited 3×
  The court adopted the magistrate judge's recommendation to deny third-party claims from Charter Pacific Bank and United Parcel Service, while granting C.V. Butler Farms, Inc.'s petition, amending the forfeiture order accordingly.
• Koschler v. Dean
  642 So. 2d 1119· Fla. 2d DCA· 1994-09-16 ·cited 3×
  The appellate court reversed a quiet title judgment, finding that a mortgage granted by Mary Dean and Carmen Ciprianno was invalid because a notice of lis pendens had been filed against the property, even though it was not properly recorded in the official records at the time the
• W.C. Sullivan v. J.T. Woodward
  582 So. 2d 31· Fla. 1st DCA· 1991-06-11 ·cited 3×
  The court held that the Confirmation Act validated the appellant's Georgia land grant, and a subsequent tax deed extinguished prior titles, making the appellant's title superior despite the unrecorded grant.
• Swedish Telecom Radio v. M/V Discovery I
  712 F. Supp. 1542· S.D. Fla.· 1989-03-22 ·cited 3×
  The court held that Swedish law applied to the in rem claim, and under Swedish law, the plaintiff was not entitled to a maritime lien; the court also held that the defendant was a bona fide purchaser for value regarding the in personam conversion claim.
• Santo J. Capoccia, Jr. v. Capoccia
  505 So. 2d 624· Fla. 3d DCA· 1987-04-14 ·cited 3×
  A Florida appellate court affirmed a summary judgment that declared Bobbie Jean Capoccia, who was convicted of murdering her husband Santo J. Capoccia, Sr., retained a one-half interest in property formerly held as a tenancy by the entireties, with the right of survivorship sever
• Great Atl. Ins. Co. v. Liberty Mut. Ins. Co.
  773 F.2d 976· 8th Cir.· 1985-09-24 ·cited 3×
  The court held that Liberty Mutual's defense was properly tried before the jury, and the district court erred in granting a judgment notwithstanding the verdict.
• Jackson v. The HERTZ Corp.
  590 So. 2d 929· Fla. 3d DCA· 1985-02-05 ·cited 3×
  Billy Jackson sued Hertz for negligence after being injured in an accident involving a Hertz rental vehicle that was fraudulently obtained using a stolen credit card. The Florida appellate court affirmed a directed verdict for Hertz, holding that Hertz did not negligently entrust
• Anderson Contracting Co., Inc. v. Zurich Ins. Co.
  448 So. 2d 37· Fla. 1st DCA· 1984-03-27 ·cited 3×
  The appellate court affirmed a summary judgment for Zurich Insurance Company, holding that Florida law applies due to public policy, and that the trial court did not err in granting summary judgment on procedural grounds.
• Cosmopolitan Credit & Inv. Corp. v. Blyth Eastman Dillon & Co.
  507 F. Supp. 954· S.D. Fla.· 1981-02-23 ·cited 3×
  The court held that the defendant was a bona fide purchaser of the GNMA certificates and therefore not liable for conversion, and also granted summary judgment on the 10b-5 claim.
• Barnett First Nat'l Bank OF Jacksonville v. Custom Fin. Co.
  210 So. 2d 291· Fla. 1st DCA· 1968-04-23 ·cited 3×
  Barnett First National Bank appealed a judgment requiring it to recognize Custom Finance's superior lien on mobile homes financed through dealer Cardair. The court reversed, holding that Barnett's position as financer of the retail buyer, through conditional sales contracts assig
• Bevis Constr. Co., Inc. v. Grace
  134 So. 2d 516· Fla. 1st DCA· 1961-11-16 ·cited 3×
  A mortgage lender sought reformation of a mortgage to correct the legal description from Lot 7 to Lot 8 based on mutual mistake. The trial court dismissed the suit, but the appellate court reversed, finding the lender presented uncontradicted evidence of mutual mistake between th