Priority Of Liens

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

• Orlando Reg'l Med. Ctr., Inc. v. Est. OF Edward M. Heron, IV
  596 So. 2d 1078· Fla. 5th DCA· 1992-02-28 ·cited 8×
  Orlando Regional Medical Center appealed a trial court order denying its hospital lien against wrongful death settlement proceeds. The Florida appellate court held that hospital liens do not attach to wrongful death action proceeds because such proceeds compensate survivors for t
• Fed. Deposit Ins. Corp. v. City OF NEW Iberia & Sewerage Dist. No. I of the City of New Iberia
  921 F.2d 610· 5th Cir.· 1991-01-23 ·cited 8×
  The court held that a mortgagee cannot claim a Fourteenth Amendment due process violation based on a special assessment for improvements requested by the landowner, as the assessment itself does not constitute a 'taking' of the mortgagee's interest without adequate notice.
• The United States v. First Nat'l Bank OF Crestview
  513 So. 2d 179· Fla. 1st DCA· 1987-09-09 ·cited 8×
  The United States appealed a trial court decision regarding whether a bank's $20,000 advance to mortgagors for settling an unrelated civil suit against one mortgagor was a permissible "future advance" under a mortgage agreement that limited such advances to those "necessary for t
• United States v. Dismuke
  616 F.2d 755· 5th Cir.· 1980-05-05 ·cited 8×
  The court held that the SBA's suit for a deficiency judgment against a guarantor is barred by a Georgia statute requiring judicial confirmation of a foreclosure sale, even when the SBA is the plaintiff.
• Barnett Bank OF Clearwater v. Rompon
  377 So. 2d 981· Fla. 2d DCA· 1979-11-07 ·cited 8×
  A bank that financed a mobile home and perfected its security interest with the Department of Motor Vehicles sought to foreclose after the mobile home was affixed to land and became a fixture to real property. The court held that even when a mobile home becomes a fixture, it rema
• Crabtree v. THE SS Julia
  290 F.2d 478· 5th Cir.· 1961-05-19 ·cited 8×
  The court held that the trial court erred in denying a maritime lienor leave to intervene in an in rem action after the vessel's sale to assert claims against the proceeds.
• United States v. Bleasby
  257 F.2d 278· 3d Cir.· 1958-06-25 ·cited 8×
  A valid state court judgment in rem, determining title to property, bars the United States from later asserting a tax lien against that property, even if the United States had notice and an opportunity to participate in the state proceeding.
• House OF Lyons, Inc. v. Marcus
  72 So. 2d 34· Fla.· 1954-04-13 ·cited 8×
  This case concerns whether a chattel mortgage executed by corporate officers and acknowledged before a notary was properly recorded and therefore takes priority over a subsequently filed tax lien. The Florida Supreme Court held that the mortgage's acknowledgment was sufficient de
• Scrofani v. Miami Rare Bird Farm
  208 F.2d 461· 5th Cir.· 1953-12-09 ·cited 8×
  The court held that a prior dismissal of a seamen's wage claim intervention, without clear grounds, was not res judicata, and a vessel sale under a mortgage foreclosure did not divest the seamen's preferred maritime lien for wages.
• Staunton Indus. Loan Corp. v. Wilson
  190 F.2d 706· 4th Cir.· 1951-08-02 ·cited 8×
  The court held that valid oral chattel mortgages, when registered on vehicle title certificates, provide adequate notice to creditors and are enforceable against them, even if written mortgages were not executed contemporaneously with registration.
• Lyford v. State of N.Y.
  140 F.2d 840· 2d Cir.· 1944-02-09 ·cited 8×
  The court held that the State has a first and paramount lien for overdue grade crossing elimination installments, but the principal debt is not accelerated by the debtor's default or reorganization proceedings.
• Reconstr. Fin. Corp. v. SUN Lumber Co.
  126 F.2d 731· 4th Cir.· 1942-03-09 ·cited 8×
  The court held that the vendor's lien of Sun Lumber Company had priority over the Reconstruction Finance Corporation's lien, and that wage claimants' statutory liens also had priority over the RFC's pledge, subject to the vendor's lien.
• W. T. Price Dredging Corp. & Coconut Grove Exch. Bank v. Nio Suarez
  147 Fla. 253· Fla.· 1941-05-20 ·cited 8×
  The court determined the priority of liens for labor and materials against a mortgage, ultimately affirming the lower court's decree that laborer and materialmen liens were superior to the mortgage lien.
• L. Maxcy, Inc. v. Walker. in re Lake Nursery Co.
  119 F.2d 535· 5th Cir.· 1941-05-02 ·cited 8×
  A mortgage holder compelled to buy the encumbered property at a bankruptcy auction cannot be charged more than the reasonable costs of selling the property.
• The Franklin Sav. & Loan Co. v. Fisk
  98 Fla. 683· Fla.· 1929-10-17 ·cited 8×
  This case involves a dispute over the priority of liens between a construction lender and a mechanic's lien holder. The court determined that a mortgage securing a building loan, even if funds are disbursed in installments, takes priority from its recording date over subsequently
• Lonergan v. Peebles
  77 Fla. 188· Fla.· 1919-02-18 ·cited 8×
  This is a mortgage foreclosure case involving competing claims to mortgage security. The appellants, holders of two promissory notes totaling $2,400, sought to foreclose a mortgage securing five notes totaling approximately $15,000. The trial court subordinated appellants' lien t
• Ephraim L. Harrison and wife v. Hiram Roberts
  6 Fla. 711· Fla.· 1856-02-01 ·cited 8×
  This case addresses the priority of liens and mortgages when a judgment creditor executes on property acquired by the defendant after judgment. The court holds that a judgment lien attaches to all real property of the defendant regardless of when acquired, and that the first mort
• Fallon Rahima Jallali v. Knightsbridge Vill. Homeowners Ass'n, Inc.
  211 So. 3d 216· Fla. 4th DCA· 2017-01-04 ·cited 7×
  A homeowners' association foreclosed on its lien for unpaid assessments against a homeowner while a first mortgagee's foreclosure was pending. The court held that the association's lien, created under its Declaration of Covenants recorded before the mortgagee's notice of lis pend
• Rebecca J. Covey, P.A. v. Am. Imp. CAR Sales
  944 So. 2d 1202· Fla. 4th DCA· 2006-12-20 ·cited 7×
  Rebecca Covey, an attorney, appeals the trial court's decision to grant a judgment lien to SouthTrust Bank against settlement funds, rather than recognizing Covey's superior charging lien. The appellate court reverses, holding that an attorney's charging lien attaches at the comm
• NEW England Mut. Life Ins. Co. v. Podhurst
  690 So. 2d 1354· Fla. 3d DCA· 1997-03-26 ·cited 7×
  New England Mutual Life Insurance Company appeals orders directing it to disburse escrowed insurance proceeds to a law firm for contingent fees. The court reverses, holding that the trial court lacked jurisdiction over the lender (a non-party) and that, on the merits, the lender'
• Lamchick, Glucksman & Johnston, P.A. v. City Nat'l Bank OF Fla.
  659 So. 2d 1118· Fla. 3d DCA· 1995-07-19 ·cited 7×
  The diligent creditor rule does not apply to real property to alter the priority of previously recorded judgment liens.
• Jefferson Bank v. Progressive Cas. Ins. Co.
  965 F.2d 1274· 3d Cir.· 1992-06-10 ·cited 7×
  The court held that the loss was not covered by the insurance policy because it resulted from the worthlessness of the security, not directly from the forged notary signature.
• Tavormina v. Aquatic Co.
  65 B.R. 602· S.D. Fla.· 1986-09-30 ·cited 7×
  The court affirmed in part, reversed in part, and remanded the bankruptcy court's decisions regarding the validity and priority of insurance claim assignments and a garnishment action.
• Asher v. United States
  570 F.2d 682· 7th Cir.· 1978-02-24 ·cited 7×
  The court held that under Illinois law, a judgment creditor obtains a lien on intangible personal property upon delivery of a writ of execution to the sheriff, thus establishing priority over a subsequently filed federal tax lien.
• PAN Am. Bank OF Miami v. City OF Miami Beach
  198 So. 2d 45· Fla. 3d DCA· 1967-04-18 ·cited 7×
  Pan American Bank, as administrator of a deceased person's estate, appealed the dismissal of its intervention in a condemnation proceeding involving real property that had been foreclosed by mortgage. The court held that the administrator was barred by the final foreclosure decre
• Hughey v. Stevmier, Inc.
  190 So. 2d 410· Fla. 2d DCA· 1966-08-12 ·cited 7×
  Shirley Hughey appealed the discharge of her mechanic's lien and entry of a default judgment against her as a defendant in a construction dispute. The court affirmed the lower court's orders, holding that under Florida law then in effect, a mechanic's lien is automatically discha
• Rives v. Beda M. Anderson
  128 Fla. 794· Fla.· 1937-07-19 ·cited 7×
  A trustee sought to foreclose a tax deed on property, but the lower court dismissed the bill, finding that tax payments made by the tax deed holder were contractually obligated as part consideration for purchasing a senior mortgage, thus not creating a superior lien. The Florida
• City of Marianna v. Russ
  114 Fla. 624· Fla.· 1934-04-27 ·cited 7×
  The City of Marianna appealed a foreclosure decree involving municipal tax liens, paving certificates, and personal property taxes assessed against the Russ property. The Florida Supreme Court upheld the validity of Chapter 14209 (1929) allowing interest on delinquent taxes from
• The Marianna Nat'l Farm Loan Ass'n v. Braswell
  95 Fla. 510· Fla.· 1928-03-17 ·cited 7×
  The Florida Supreme Court affirmed dismissal of a foreclosure complaint brought by an endorser of a promissory note seeking subrogation to a mortgage lien. The court held that legal subrogation to mortgage security requires full satisfaction of the entire underlying debt, and an
• Bigelow v. Robt. L. Stringfellow
  25 Fla. 366· Fla.· 1889-01-01 ·cited 7×
  In this mortgage priority dispute, the Florida Supreme Court reversed a foreclosure decree against A. G. Bigelow because he had lost all interest in the mortgaged lands when they were sold at judicial sale to a bona fide purchaser (J. D. Taylor) before Bigelow became a party to t
• Capstone Bank v. Perry-Clifton Enters., LLC
  230 So. 3d 970· Fla. 1st DCA· 2017-11-30 ·cited 6×
  The court addressed the domestication of a foreign judgment for the purpose of imposing a charging lien and the priority of charging orders between competing creditors.
• Velazquez v. Serrano
  43 So. 3d 82· Fla. 3d DCA· 2010-07-28 ·cited 6×
  Velazquez appeals a summary judgment granting Deutsche Bank priority over her mortgage through equitable subrogation. The Third District Court of Appeal reverses, holding that equitable subrogation does not apply when Deutsche Bank's agent failed to note and satisfy Velazquez's p
• LR5A-JV, LP v. Little House, LLC
  998 So. 2d 1173· Fla. 5th DCA· 2008-12-24 ·cited 6×
  LR5A-JV, LP challenges a foreclosure judgment and clarification order regarding the priority between its first mortgage and a homeowners association's assessment liens. The court affirms, holding that the association's lien does not have priority over the mortgage because the ass
• Town OF Lake Park v. Grimes
  963 So. 2d 940· Fla. 4th DCA· 2007-09-05 ·cited 6×
  The Town of Lake Park appeals a trial court order awarding foreclosure sale surplus to former homeowners the Grimeses, claiming entitlement to the funds for code enforcement liens. The court reverses, holding that while homestead property itself is protected from code enforcement
• Franklin Fin., Inc. v. White
  932 So. 2d 434· Fla. 4th DCA· 2006-05-17 ·cited 6×
  Franklin Financial held a judgment against Norma Jean Prevatt and sought to foreclose on her property. The trial court ruled the judgment invalid and granted summary judgment to Big Lake National Bank, which held a mortgage on the property. The appellate court reversed, holding t
• Sasso AIR Conditioning, Inc. v. United Cos. Lending Corp.
  742 So. 2d 468· Fla. 4th DCA· 1999-09-22 ·cited 6×
  Sasso Air Conditioning appealed a summary judgment in favor of mortgagee United Companies Lending Corporation, which held that a mechanics lienor's claim was invalid due to defects in the notice of commencement. The Fourth District Court of Appeal reversed, holding that the notic
• Mathias v. Walling Enters., Inc.
  609 So. 2d 1323· Fla. 5th DCA· 1992-09-11 ·cited 6×
  The court addressed the priority of a landlord's statutory lien for rent against a bank's perfected security interest in a liquor license and other collateral. The court held that while a landlord's lien can attach to a liquor license without filing, a prior perfected security in
• Lacentra Trucking Inc. v. Flagler Fed. Sav. & Loan Ass'n OF Miami
  586 So. 2d 474· Fla. 4th DCA· 1991-09-25 ·cited 6×
  This case addresses whether surveying, flagging, and staking a construction site within 30 days of recording a notice of commencement constitutes "actual commencement" under Florida's mechanic's lien statute, thereby entitling lienors' claims to priority over a subsequently recor
• Janus Props., Inc. v. First Fla. Bank, N.A.
  546 So. 2d 785· Fla. 2d DCA· 1989-07-21 ·cited 6×
  The court held that by accepting a warranty deed and recording a satisfaction of mortgage, First Florida merged its mortgage interest into its ownership, thereby cancelling its mortgage and elevating Janus' lien to first priority.
• Carrollton-Farmers Branch Indep. Sch. Dist. v. Johnson & Cravens
  858 F.2d 1010· 5th Cir.· 1988-10-27 ·cited 6×
  The court held that claims against the FSLIC as receiver must first be pursued through the FSLIC's administrative process, and that the FSLIC's removal of the case to federal court was proper.
• Brooks v. United States
  833 F.2d 1136· 4th Cir.· 1987-11-25 ·cited 6×
  The court held that a mechanic's lien is a chose in action (personal property), not real property, and thus the government's tax lien filed in the corporation's principal executive office state had priority over a subsequent assignment of the mechanic's lien proceeds.
• First Maryland Leasecorp. v. The M/V Golden Egret
  764 F.2d 749· 11th Cir.· 1985-07-01 ·cited 6×
  The court held that FML's security interest attached to all six hulls due to cross-collateralization, that the mutual release was ineffective, that intervenors' watercraft liens were superior to FML's security interest, that a six-month statute of limitations applied to watercraf
• The Trs. OF C.I. Mortg. Grp. v. City Hous. Corp.
  422 So. 2d 323· Fla. 4th DCA· 1982-09-22 ·cited 6×
  The court held that the trial court did not err in refusing to allow C.I. to amend its pleadings at a late stage of the litigation, nor in granting DeKalb a first lien on lots 3 and 4.
• Mirta Fernandez v. S.C. Ins. Co.
  408 So. 2d 753· Fla. 3d DCA· 1982-01-12 ·cited 6×
  The court held that the hospital lien law applies to personal injury protection (PIP) benefits and takes priority over funeral expenses, lost wages, and lost earning capacity benefits.
• D.A.D., Inc. v. Poole
  407 So. 2d 1072· Fla. 4th DCA· 1981-12-30 ·cited 6×
  D.A.D., Inc. appeals from an order denying its mortgage priority in surplus foreclosure proceeds. The trial court held that judgment creditors with properly recorded judgments had priority over D.A.D.'s earlier-recorded but unforeclosed mortgage. The court reverses, holding that
• United States v. Zac A. Crittenden, Jr.
  600 F.2d 478· 5th Cir.· 1979-08-08 ·cited 6×
  Under Georgia law, a mechanic's lien for repairs is superior to a previously perfected FHA security interest to the extent of the final repair amount, and the FHA's financing statement adequately described the collateral.
• Gen. Motors Acceptance Corp. v. TOM Norton Motor Co.
  366 So. 2d 131· Fla. 4th DCA· 1979-01-10 ·cited 6×
  General Motors Acceptance Corporation's pre-existing U.C.C. security interest in the debtor's personal property takes precedence over a subsequently-recorded state tax warrant for unpaid sales taxes. The court reversed the trial court's erroneous application of an ad valorem tax
• E. Airlines Emps. Fed. Credit Union v. Lauderdale Yacht Basin, Inc.
  334 So. 2d 175· Fla. 4th DCA· 1976-04-30 ·cited 6×
  A mechanic's possessory lien on personal property remains valid and subsisting as long as the lienor retains possession, even beyond three months after labor completion, provided the owner does not reclaim the property.
• The Permian Corp. v. Armco Steel Corp.
  508 F.2d 68· 10th Cir.· 1974-12-19 ·cited 6×
  A mechanic's lien, properly perfected by notice to the proceeds purchaser, has priority over subsequent general judgment creditor garnishments, even if the lien has been reduced to judgment.
• Hall's Miscellaneous Ironworks, Inc. v. ALL S. Inv. Co., Inc.
  283 So. 2d 372· Fla. 1st DCA· 1973-10-04 ·cited 6×
  Hall's Miscellaneous Ironworks sought review of an order dismissing its counterclaim against All Southern Investment Company in a mortgage foreclosure action. The court affirmed the dismissal, holding that while Hall's might establish an equitable lien for materials supplied to i