Priority Of Liens

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

• Delno v. Mkt. ST. RY. Co.
  124 F.2d 965· 9th Cir.· 1942-01-15 ·cited 214×
  The court affirmed the dismissal, holding that declaratory relief was inappropriate because necessary parties (bondholders who agreed to the extension) were not joined, thus preventing the judgment from settling the controversy.
• Crane Co. v. Fine
  221 So. 2d 145· Fla.· 1969-04-02 ·cited 165×
  Crane Co. sought to foreclose a materialman's lien for materials supplied to a building project and, alternatively, to establish an equitable lien on holdback funds. The Florida Supreme Court held that materialmen are not limited to statutory liens but may seek equitable liens ba
• The Fed. Land Bank of Columbia v. Godwin
  107 Fla. 537· Fla.· 1931-08-07 ·cited 153×
  The Florida Supreme Court reversed an order sustaining a demurrer to a foreclosure bill filed by the Federal Land Bank of Columbia against mortgagors and intervening lienholders. The court held that the bill stated sufficient equity to proceed and clarified the circumstances unde
• Bowery v. Searles Babbit
  99 Fla. 1151· Fla.· 1930-05-20 ·cited 91×
  Bowery sought to enforce a mechanic's lien for labor and materials supplied in constructing buildings on real property, intervening in a mortgage foreclosure action. The supreme court affirmed dismissal of his lien claim, holding that under Florida law, when a statute creates bot
• Adams v. Citizens Bank OF Brevard
  248 So. 2d 682· Fla. 4th DCA· 1971-06-07 ·cited 60×
  In a mortgage foreclosure suit, the court reversed the trial court's non-jury judgment on the equitable foreclosure claim because the defendants had a constitutional right to jury trial on a compulsory legal counterclaim for breach of contract, and the factual issues were common
• Eddy v. Prudence Bonds Corp. (New Company)
  165 F.2d 157· 2d Cir.· 1947-12-08 ·cited 59×
  The court held that the Publicly Held Bonds were entitled to full interest up to the time of payment from the collateral, as a matter of lien priority, despite limitations on the New Company's personal liability.
• Whitburn, LLC v. Wells Fargo Bank, N.A.
  190 So. 3d 1087· Fla. 2d DCA· 2015-12-18 ·cited 54×
  Whitburn, LLC, which obtained record title to foreclosed property after a lis pendens was filed in Wells Fargo's mortgage foreclosure action, lacked standing to challenge the foreclosure sale. The court affirmed the denial of Whitburn's motion to cancel the sale, holding that a p
• Miami Bank & Tr. Co. v. Minna Marie Mahlstedt
  107 Fla. 282· Fla.· 1932-11-21 ·cited 54×
  This case involves an appeal from an order overruling a demurrer to a bill in equity filed in the nature of a bill of review. The appellate court affirmed the lower court's decision, finding that the bill contained sufficient equity to proceed.
• McClure v. Century Ests., Inc.
  96 Fla. 568· Fla.· 1928-11-27 ·cited 49×
  This case concerns the priority of liens on mortgaged property when the mortgagee assigns a portion of the secured debt to third parties. The Florida Supreme Court held that when a mortgagee assigns part of a series of notes secured by a single mortgage and retains the remainder,
• Administratrix v. Rosenberg
  94 Fla. 673· Fla.· 1927-10-19 ·cited 49×
  Susie Grimsley and minor heirs of J.C. Grimsley appealed a foreclosure decree entered by the Circuit Court of Seminole County. The Florida Supreme Court reversed due to multiple procedural errors, including improper appointment of an examiner before a guardian ad litem was design
• King v. Ionization Int'l, Inc.
  825 F.2d 1180· 7th Cir.· 1987-08-04 ·cited 46×
  A post-judgment order fixing priorities among creditors is appealable, and a debtor's conveyance of secured interests to insiders with intent to defraud a creditor is a fraudulent conveyance under Illinois law.
• United States v. Sullivan
  333 F.2d 100· 3d Cir.· 1964-04-10 ·cited 44×
  The government's general tax lien attached to the cash surrender value of the life insurance policies at the time of the levy, and subsequent policy loans for premium payments did not reduce the insurer's liability to the government.
• Tri-County Produce Distribs., Inc. v. Ne. Prod. Credit Ass'n
  160 So. 2d 46· Fla. 1st DCA· 1963-10-31 ·cited 44×
  Tri-County Produce Distributors appealed a foreclosure decree in favor of Northeast Production Credit Association on three mortgages of the Campbells' homestead and farm property. The court affirmed the foreclosure, holding that Northeast's recorded mortgage provided constructive
• Lang v. Quaker Realty Corp.
  131 Fla. 179· Fla.· 1938-02-16 ·cited 44×
  In a tax certificate foreclosure suit involving municipal tax certificates issued by the City of Miami, the Florida Supreme Court addressed whether a mortgagee defendant could assert its mortgage as a counterclaim, whether the court had jurisdiction to foreclose the mortgage with
• Steelmet, Inc. v. Caribe Towing Corp.
  747 F.2d 689· 11th Cir.· 1984-11-29 ·cited 43×
  The court held that collateral estoppel should not be applied when the burden of proof allocation differs between the prior arbitration and the subsequent insurance coverage litigation, as it unfairly allows one party to benefit from the other's failure to meet a burden of proof
• Edwin A. and Pauline Teel v. United States
  529 F.2d 903· 9th Cir.· 1976-01-15 ·cited 43×
  The court held that the appellants' dissipation of funds after knowing of tax arrearages constituted willful failure to pay over withheld taxes, precluding summary judgment for the government.
• Lybass v. The Town of Fort Myers
  56 Fla. 817· Fla.· 1908-06-01 ·cited 43×
  The Florida Supreme Court upheld a municipality's statutory lien for sidewalk assessments as having priority over a prior mortgage lien, holding that governmental liens for local improvements have superior priority to contract liens acquired after the statute was enacted.
• Am. Bank OF Wage Claims v. Registry OF the Dist. Court OF Guam
  431 F.2d 1215· 9th Cir.· 1970-09-21 ·cited 42×
  The court held that the release of the vessel's proceeds from the court's jurisdiction without a stay of execution divests the court of in rem jurisdiction, rendering appeals moot.
• Amado Evarito Garcia v. Stewart
  906 So. 2d 1117· Fla. 4th DCA· 2005-05-25 ·cited 41×
  Garcia appeals from an order denying his motion to set aside a court order that disbursed surplus foreclosure proceeds to the condominium association. The court reversed, holding that the trial court lacked subject matter jurisdiction to distribute funds to a senior lienholder af
• Telfair Stockton v. The Nat'l Bank of Jacksonville
  45 Fla. 590· Fla.· 1903-01-01 ·cited 41×
  The National Bank of Jacksonville sought to enjoin enforcement of a judgment lien on real property it had purchased, arguing that the attachment and execution were wrongfully levied against property it owned. The Florida Supreme Court reversed the lower court's injunction, holdin
• Diversified Mortg. Invs. v. U. S. Life Title Ins. Co. OF NEW York
  544 F.2d 571· 2d Cir.· 1976-06-30 ·cited 40×
  A preliminary injunction should not rewrite a contract or grant final relief, and requires a showing of irreparable harm causally related to the enjoined conduct.
• The Riviera Club v. Belle Mead Dev. Corp. & The Rio Vista Hotel & Improvement Co.
  141 Fla. 538· Fla.· 1939-12-15 ·cited 40×
  The Riviera Club sought to intervene in a tax foreclosure suit to challenge tax assessments for years beyond those originally pleaded. The Florida Supreme Court affirmed the denial of intervention, holding that an intervenor must accept the existing pleadings and cannot raise new
• United States v. Sampsell
  153 F.2d 731· 9th Cir.· 1946-02-15 ·cited 38×
  The court held that the United States' tax liens were not entitled to priority over the State of California's franchise tax liens or the mortgagee's claim, and that interest and attorney's fees on the mortgage debt were allowable.
• Reasoner v. Fisikelli
  114 Fla. 102· Fla.· 1934-03-01 ·cited 38×
  This case concerns whether an unrecorded life estate agreement is superior to a subsequently recorded mortgage. The court held that the party who failed to record the agreement is estopped from asserting their interest against a bona fide mortgagee who relied on the public record
• Palm Beach Bank & Tr. Co. v. Lainhart
  84 Fla. 662· Fla.· 1922-12-12 ·cited 37×
  This case concerns the priority of liens between a mortgage holder and materialmen/laborers in a construction project. The court clarified that mechanic's liens attach individually and are prioritized based on when the materials were supplied or labor performed, not from the proj
• Bank OF Nev. v. United States
  251 F.2d 820· 9th Cir.· 1957-12-31 ·cited 36×
  A bank's inchoate right of setoff against a depositor's account is subordinate to a choate federal tax lien that arises before the bank's debt is established and the setoff right is exercised.
• Cnty. OF Pinellas v. Clearwater Fed. Sav. & Loan Ass'n
  214 So. 2d 525· Fla. 2d DCA· 1968-10-04 ·cited 32×
  Pinellas County appealed from a summary judgment foreclosing a property in favor of Clearwater Federal Savings and Loan Association, arguing its welfare lien was superior to the Association's purchase money mortgage. The court held that purchase money mortgages take priority over
• United States Fid. & Guar. Co. v. United States
  201 F.2d 118· 10th Cir.· 1952-12-30 ·cited 32×
  The surety's obligation under a performance and payment bond extends to the full amount of wages earned, including amounts statutorily diverted for taxes.
• Dixon Lumber Co. v. Jennings
  63 Fla. 405· Fla.· 1912-01-01 ·cited 32×
  Dixon Lumber Company appealed a decree awarding priority of a mortgage held by J. R. Jennings over Dixon's claimed ownership of a locomotive engine. The Florida Supreme Court affirmed, holding that where a vendor retains possession of personal property for an extended period with
• City OF Palm BAY v. Wells Fargo Bank, N.A.
  114 So. 3d 924· Fla.· 2013-05-16 ·cited 30×
  The Florida Supreme Court held that a municipal ordinance establishing super-priority status for code enforcement liens is invalid because it conflicts with state statutory law governing the priority of recorded interests in real property. The court rejected the city's argument t
• Merchs. & Marine Bank v. THE Fishing Vessel T. E. Welles
  289 F.2d 188· 5th Cir.· 1961-04-12 ·cited 30×
  A renewal mortgage, even with a formal satisfaction of the prior mortgage, retains the priority of the initial mortgage unless a contrary intention clearly appears, and the renewal mortgage is prior to liens arising during the initial mortgage period.
• Fid. & Deposit Co. OF Md. v. NEW York City Hous. Auth.
  241 F.2d 142· 2d Cir.· 1957-02-08 ·cited 30×
  A federal tax lien cannot attach to funds withheld from a contractor if, under state law, the contractor has no property right to those funds due to unmet conditions precedent like paying laborers and materialmen.
• Crown Corp. v. Robinson
  128 Fla. 249· Fla.· 1937-05-20 ·cited 30×
  Crown Corporation appeals a decree establishing the priority of liens on Florida ocean frontage property. The court affirmed that R.E. Robinson's lien, based on a promissory note with language limiting repayment to funds from 'Ocean Frontage in Palm Beach, Florida,' was superior
• W. B. Harbeson Lumber Co. v. Geneva Mill Co.
  116 Fla. 342· Fla.· 1934-07-26 ·cited 30×
  This case concerns whether a tax lien holder who forecloses on tax sale certificates can have the value of timber they unlawfully removed from the property credited against their lien. The court held that such value should be credited, as the tax lien holder has a duty to do equi
• Lehman v. The Tr. Co. of Am.
  57 Fla. 473· Fla.· 1909-01-01 ·cited 30×
  The Florida Supreme Court reversed in part an interlocutory decree appointing a receiver in a mortgage foreclosure action, holding that the trial court erred in appointing the mortgagor's president as receiver and in granting receiver's certificates priority over a pre-existing j
• United States v. Citizens & S. Nat'l Bank
  538 F.2d 1101· 5th Cir.· 1976-09-15 ·cited 29×
  The government was entitled to enforce its levies because the depositors retained property rights in their bank accounts at the time of the levy, and the banks' actions did not extinguish these rights prior to the levy.
• Brandon v. Denton
  302 F.2d 404· 5th Cir.· 1962-04-10 ·cited 29×
  The court held that the priority of a preferred ship mortgage under the Ship Mortgage Act is determined by U.S. law, not foreign law, and that the 1954 amendment to the Act, including its proviso, must be applied as written, even if it conflicts with a treaty.
• United States v. Morrison
  247 F.2d 285· 5th Cir.· 1957-06-29 ·cited 29×
  An equitable vendor's lien, even if established under state law, is not sufficiently choate to prevail over a federal tax lien unless it meets federal standards for specificity and perfection.
• The Van Eepoel Real Est. Co. v. The Sarasota Milk Co.
  100 Fla. 456· Fla.· 1930-09-03 ·cited 29×
  The court reversed the chancellor's decree, holding that the mortgage lien of the Tampa Stock Farms Dairy Company was superior to the materialman's lien of the Armstrong Cork and Insulation Company. The court reasoned that the mortgage was not a legal mortgage until the corporate
• Thompson v. Maxwell
  16 Fla. 773· Fla.· 1878-06-01 ·cited 29×
  Thompson appeals from Circuit Court orders overruling his demurrer to Maxwell's bill seeking to correct clerical errors in a mortgage foreclosure decree and enjoining Thompson from pursuing execution and ejectment proceedings. The Florida Supreme Court affirms the overruling of t
• In re Eli Kenneth Mellor and Lisa Mellor v. Eli Kenneth Mellor and Lisa Mellor
  734 F.2d 1396· 9th Cir.· 1984-06-12 ·cited 28×
  The bankruptcy court erred in considering junior encumbrances when determining adequate protection for a senior lienholder's interest, and failed to make findings regarding the necessity of the property for reorganization.
• Adler v. Nicholas
  166 F.2d 674· 10th Cir.· 1948-03-05 ·cited 27×
  Third parties claiming an interest in property levied upon for another's tax liability are not subject to the statutory prohibition against enjoining tax collection and may maintain an action to protect their rights.
• Geiser v. Permacrete, Inc.
  90 So. 2d 610· Fla.· 1956-11-07 ·cited 26×
  The Florida Supreme Court held that mechanics' liens under Chapter 84, F.S.A., relate back to the date of first visible commencement of operations on a property, taking priority over a mortgage recorded after that date even if the specific materialmen began supplying materials af
• In re Taylorcraft Aviation Corp. United States v. Martin Fireproofing Corp.
  168 F.2d 808· 6th Cir.· 1948-06-01 ·cited 26×
  A mechanic's lien, effective under state law from the date of first labor or material, is prior to a federal tax lien perfected later, even in bankruptcy proceedings.
• Fla. Land Holding Corp. v. McMillen
  135 Fla. 431· Fla.· 1938-07-06 ·cited 26×
  Florida Land Holding Corporation appeals a foreclosure decree awarding plaintiff L. P. McMillen priority in a mortgage lien dispute over the same ten acres of land in Hillsborough County. The case turns on whether McMillen's later-recorded purchase-money mortgage is subordinate t
• Drake Lumber Co. v. Semple
  100 Fla. 1757· Fla.· 1930-07-07 ·cited 26×
  This consolidated foreclosure case involving competing liens on Florida property addresses the priority of a mortgage, contractor's lien, and materialman's lien, and whether a materialman's lien is barred by statutory filing deadlines when the materialman is made a party defendan
• Guar. Title & Tr. Co. v. Thompson
  93 Fla. 983· Fla.· 1927-05-04 ·cited 26×
  Guaranty Title & Trust Co. appealed a foreclosure decree involving a statutory materialman's lien and a trust deed mortgage. The court held that a trust deed, though recorded first, cannot take priority over statutory liens acquired before the underlying debt obligation came into
• Cent. Mortg. Co. v. Callahan
  155 So. 3d 373· Fla. 3d DCA· 2014-07-16 ·cited 25×
  Central Mortgage Company appealed a trial court's denial of its post-judgment motion to determine assessments owed by homeowners associations in a foreclosure case. The appellate court affirmed, holding that the trial court lacked subject-matter jurisdiction because the final jud
• United States v. Trigg
  465 F.2d 1264· 8th Cir.· 1972-08-17 ·cited 25×
  The United States' federal tax lien has priority over the bank's unperfected security interest and the indemnitors' claims because the bank failed to perfect its interest under state law and the indemnitors did not qualify for statutory 'super priority'.
• In re Diplomat Elec., Inc. v. Bankruptcy
  499 F.2d 342· 5th Cir.· 1974-08-12 ·cited 24×
  The court held that a creditor's right to set off a tort judgment against a bankrupt's contract debt is a matter of judicial discretion, not automatically barred by the tort's intentional nature, and that a pre-existing contractual judgment takes priority over an attorney's charg