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234 So. 3d 18·
Fla. 4th DCA·
2017-12-13
·cited 1×
A homeowner appealed the distribution of surplus tax sale funds to her condominium association, arguing the association lacked a valid lien without recording a claim of lien or obtaining a judgment. The court held that section 718.116(5)(a) of the Florida Statutes creates a statu
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235 So. 3d 960·
Fla. 3d DCA·
2017-10-18
·cited 1×
Miami-Dade County appeals a foreclosure judgment that prioritized Lansdowne's mortgage over the County's homestead tax lien. The court reversed, holding that Florida Statutes § 197.122(1) makes tax liens superior to all other liens, including mortgages recorded before the tax lie
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727 So. 2d 312·
Fla. 3d DCA·
1999-02-17
·cited 1×
A physiotherapist challenged a law firm's priority claim to settlement proceeds under a lien agreement. The court held that the contract between the parties created binding obligations requiring the law firm to withhold sufficient settlement funds to pay the physiotherapist, and
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892 F. Supp. 254·
M.D. Fla.·
1995-04-27
·cited 1×
Attorneys' charging lien for reasonable compensation and expenses has priority over federal tax liens and other claims, and Michigan Bell's unperfected security interest is subordinate to federal tax liens.
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907 F.2d 1090·
11th Cir.·
1990-08-02
·cited 1×
An assignment of contract proceeds is valid and takes priority over a subsequently filed attorney's lien, even if the judgment for those proceeds is based on quantum meruit.
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898 F.2d 770·
10th Cir.·
1990-03-12
·cited 1×
The court held that the Supreme Court's decision in Kimbell Foods, which allows for the application of state law to determine the priority of federal liens, applies to disputes between SBA liens and state tax liens, and that Colorado's tax lien priority statutes are not discrimin
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556 So. 2d 775·
Fla. 1st DCA·
1990-02-08
·cited 1×
The court held that the mortgage language created a latent ambiguity, and the trial court was justified in finding that the appellees were not obligated to subordinate their mortgage without a collateral substitution. The court also held that the appellant's right of redemption w
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889 F.2d 233·
9th Cir.·
1989-11-06
·cited 1×
The court held that the automatic stay provisions of the Bankruptcy Act do not invalidate or preclude the creation of maritime liens for seamen's wages earned after the filing of a petition for reorganization.
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884 F.2d 138·
4th Cir.·
1989-09-01
·cited 1×
The court held that First National's deed of trust was not a 'security interest' under the Tax Code because it was not supported by consideration reducible to money or money's worth, making it subordinate to the government's tax lien.
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570 F. Supp. 849·
N.D. Fla.·
1983-06-20
·cited 1×
The United States' federal tax lien has priority over the Bank's unperfected security interest because the Bank failed to perfect its interest under state law, and federal law dictates priority based on perfection.
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1898 U.S. App. LEXIS 2965·
M.D. Fla.·
1981-03-25
·cited 1×
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356 So. 2d 814·
Fla. 4th DCA·
1978-02-14
·cited 1×
In this mortgage foreclosure appeal, the Fourth District Court of Appeal reversed the trial court's judgment that foreclosure of Home Federal's mortgage extinguished all rights and obligations under a recreational lease that was a common element of the condominium. The court held
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37 Fla. Supp. 175·
Pinellas Cty. Cir. Ct.·
1972-08-23
·cited 1×
The court granted summary judgment for the plaintiff, a corporation seeking a declaratory judgment, finding that the state's tax warrant was perfected after federal tax liens and thus did not take priority over the plaintiff's good faith purchase of assets.
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263 So. 2d 593·
Fla. 3d DCA·
1972-06-06
·cited 1×
The court held that a foreign perfected security interest in a boat is only continuously perfected in Florida for four months after the boat is brought into the state, after which it is subordinate to a properly perfected Florida lien.
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201 So. 2d 466·
Fla. 2d DCA·
1966-12-21
·cited 1×
The United States appealed from a summary decree in an interpleader suit that held Peninsula State Bank had a superior claim to funds from a contract than the government's federal tax lien. The court reversed, holding that the federal tax lien was superior because the Bank's secu
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140 So. 2d 643·
Fla. 2d DCA·
1962-04-11
·cited 1×
The court considered whether a vendee's lien on a property was superior to a mortgage executed by the seller after the vendee entered into a purchase contract and took possession.
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135 So. 2d 10·
Fla. 2d DCA·
1961-11-29
·cited 1×
The court held that the November 24, 1959, transaction was an unrecorded chattel mortgage, not a trust receipt, and thus inferior to the plaintiff's subsequently recorded chattel mortgage.
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151 F.2d 802·
2d Cir.·
1945-11-05
·cited 1×
The court held that the State of New York's lien for grade crossing elimination work has priority over earlier mortgages, and the statute providing this priority does not violate due process or impair contract obligations.
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109 Fla. 184·
Fla.·
1933-03-21
·cited 1×
This case concerns the priority of mortgage liens when a series of notes secured by the mortgage are assigned. The court held that a prior endorser who pays a note does not gain priority over subsequent assignees of other notes in the series.
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M.D. Fla.·
2025-04-23
The court recommended granting the United States' motion to confirm the sale of the subject property and distribute the proceeds according to the established priority.
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Fla. 3d DCA·
2023-12-13
Material factual issues regarding whether deeds were procured by fraud precluded summary judgment in favor of mortgagees under section 48.23(1)(b), and complaints seeking quiet title based on duly recorded instruments maintain lis pendens protection as a matter of right.
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Fla. 3d DCA·
2023-10-18
Courts may offset competing judgments from separate lawsuits when the entry of separate judgments would create an absurd result, such as allowing an insolvent party to collect on a smaller judgment while preventing the other party from collecting on a larger judgment. The right o
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Fla. 5th DCA·
2023-04-06
A notice of voluntary dismissal filed after a summary judgment hearing is void and does not divest the trial court of jurisdiction over the case.
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Fla. 2d DCA·
2020-07-17
This case concerns the priority of liens on property sold at a tax deed sale. The appellate court affirmed the lower court's decision, holding that a bank's mortgage lien remained valid because a foreclosure action was timely filed before the lien expired under the statute of rep
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Fla. 3d DCA·
2020-06-17
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Fla. 3d DCA·
2020-05-20
The appellate court affirmed a lower court's decision finding that a purchaser at a mortgage foreclosure sale was not liable for unpaid homeowners association assessments that accrued before the sale. The court interpreted the association's declaration of covenants and restrictio
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Fla. 3d DCA·
2020-02-05
The appellate court granted Miami-Dade County's petition for certiorari, quashing a lower court's order that compelled discovery before determining the plaintiff's standing as a class representative. The court held that compelling merits discovery before establishing standing is
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Fla. 3d DCA·
2020-02-05
This case concerns whether electronically filed code enforcement orders qualify as "certified copies" to establish a lien on property for excess sale proceeds. The appellate court reversed the trial court's decision, finding that electronic copies with proper certifications are v
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S.D. Fla.·
2020-01-31
The court held that Amanda Finley is not entitled to an equitable lien on the property because she is not the proper party to assert the claim and Florida law precludes her from doing so, and even if she were, the rebate of a real estate commission does not give rise to an equita
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Fla. 3d DCA·
2019-11-20
This case involves an appeal from a summary judgment of foreclosure. The appellate court affirmed the lower court's decision, finding that the appellants could not rely on a fraudulent satisfaction of mortgage to claim ownership free of a prior lien.
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Del. Super. Ct.·
2019-09-30
The Court reversed the Commissioner's denial of the Motion to Set Aside the Sheriff's Sale, finding that the County failed to provide adequate notice to the Owner as required by Superior Court Civil Rule 69(g). Because the sale was conducted without jurisdiction due to lack of no
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S.D. Fla.·
2019-09-25
The court held that the Rooker-Feldman doctrine, res judicata, and collateral estoppel barred the appellant's claims because they were or could have been litigated in the prior state court foreclosure action.
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273 So. 3d 210·
Fla. 5th DCA·
2019-05-10
Nickki Pierre Charles appealed the denial of his Rule 3.850 postconviction relief motion. The appellate court affirmed the denial of most grounds but reversed and remanded on grounds five and ten because the postconviction court failed to address those specific grounds in its ord
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230 So. 3d 1266·
Fla. 1st DCA·
2017-11-30
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.
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212 So. 3d 1049·
Fla. 4th DCA·
2017-03-15
A homeowners association challenged a trial court's decision to vacate a foreclosure judgment on the grounds of lack of jurisdiction. The Fourth District Court of Appeal reversed, holding that the association's lien, which related back to 1989 under its Declaration of Covenants,
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207 So. 3d 1017·
Fla. 4th DCA·
2017-01-04
A servicer holding the note, and its assignee, qualify for the safe harbor provision of section 718.116(1)(b), Florida Statutes, limiting liability for past due condominium assessments, even if they are not the owner of the note and mortgage.
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201 So. 3d 697·
Fla. 4th DCA·
2016-08-24
A final judgment of foreclosure is void if it purports to terminate a mortgage interest that is superior to the foreclosing lien.
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Del.·
2015-09-28
The Delaware Supreme Court affirmed the Superior Court's decision, holding that the doctrine of equitable subrogation is inapplicable to the facts of this case. The Court found that Delaware's pure race recording statute, 25 Del. C. § 2106, governs the priority of liens, and that
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173 So. 3d 1095·
Fla. 2d DCA·
2015-08-21
The court held that the condominium association waived its claim to greater unpaid assessment amounts by affirmatively pleading that the foreclosing mortgagee's lien was superior and limited in liability.
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165 So. 3d 768·
Fla. 4th DCA·
2015-05-20
The Controlled Substances Act may validly be applied to respondents' cultivation, distribution, and possession of marijuana for personal, medicinal use.
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136 So. 3d 1272·
Fla. 5th DCA·
2014-04-25
The court held that a contractual right to recover liquidated damages for failure to complete infrastructure projects does not provide a basis for a vendor's lien superior to a purchase-money mortgage.
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100 So. 3d 95·
Fla. 3d DCA·
2012-08-22
The Shermans, who held a second mortgage, appeal a judgment granting Deutsche Bank's predecessor (WaMu) an equitable lien with priority over their duly-recorded mortgage based on equitable subrogation. The court reversed, finding that application of equitable subrogation harmed t
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60 So. 3d 1120·
Fla. 4th DCA·
2011-05-11
A lender sought a prejudgment writ of replevin to recover four aircraft wrongfully detained by a lessee in Broward County. The circuit court denied the motion, but the appellate court reversed, holding that the lender satisfied all statutory requirements for obtaining a prejudgme
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47 So. 3d 371·
Fla. 5th DCA·
2010-11-12
Sun Glow Construction appeals a county court order authorizing levy on property it purchased from a judgment debtor, challenging whether a judgment lien can be re-recorded after expiration. The court affirmed, holding that a judgment creditor may re-record an expired judgment lie
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959 So. 2d 278·
Fla. 3d DCA·
2007-01-17
Xpress Title, a closing agent and escrow agent, appealed a default final judgment entered in favor of creditor Wandner when a judgment lien was not satisfied at closing. The court reversed, holding that because escrow agent liability is limited to funds remaining after priority c
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929 So. 2d 651·
Fla. 4th DCA·
2006-05-17
The trial court erred by disbursing surplus foreclosure proceeds without determining the priority of liens, particularly when aware of an unsatisfied second mortgage.
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900 So. 2d 727·
Fla. 4th DCA·
2005-04-27
Creston Aviation appealed a summary judgment finding its mechanic's lien on an aircraft invalid because it failed to comply with Florida's requirement to file notice in the county where repairs were performed. The court held that federal aviation law preempts state law only regar
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819 So. 2d 850·
Fla. 4th DCA·
2002-05-22
Harris appealed the denial of his motion to vacate a 15-year-old judgment obtained by Baarcke in 1985 and subsequently assigned to National Judgment Recovery Agency. Harris also challenged the enforcement of a writ of execution on his real property while foreclosure proceedings w
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779 So. 2d 396·
Fla. 2d DCA·
2000-08-02
The court held that summary judgment for Merrill Lynch was improper because Huntington raised a genuine issue of material fact regarding its intent to secure a commercial draw loan with its mortgage, and reformation would not prejudice Merrill Lynch.
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700 So. 2d 794·
Fla. 4th DCA·
1997-10-29
In this partition action, the trial court granted summary judgment against Gloria Davis, a judgment creditor of the deceased co-owner, and extinguished her lien on the property. The Florida appellate court reversed, holding that Davis's judgment lien rights presented disputed fac