Statutory Lien

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

• 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
• Mills v. State
  58 Fla. 74· Fla.· 1909-06-01 ·cited 85×
  Bill Mills was convicted of selling cotton and corn subject to a statutory lien without the written consent of the lienholder. The Florida Supreme Court affirmed the conviction, holding that the indictment adequately charged the offense and that proof of criminal intent to defeat
• Peoples Bank of Jacksonville v. Arbuckle
  82 Fla. 479· Fla.· 1921-12-19 ·cited 70×
  Peoples Bank of Jacksonville appealed a decree prioritizing materialmen's statutory liens over its mortgage on property where construction was in progress. The Supreme Court of Florida reversed, holding that materialmen's liens only have priority over liens accruing after materia
• Hightower v. Bigoney
  156 So. 2d 501· Fla.· 1963-09-25 ·cited 69×
  An architect's lien foreclosure suit in equity was filed against the Hightowers, who filed a compulsory counterclaim for negligent performance of architectural services and requested a jury trial. The trial judge struck the jury demand, and the Florida Supreme Court held that fil
• Blood v. Hunt
  97 Fla. 551· Fla.· 1929-04-16 ·cited 67×
  This case addresses whether a married woman's separate property can be charged in equity for the purchase price of property purchased by her in the absence of an executed mortgage lien. The Florida Supreme Court held that Section 2, Article XI of the 1885 Constitution does not au
• Spears v. W. Coast Bldrs. Sup. Co.
  133 So. 97· Fla.· 1931-02-25 ·cited 57×
  The Florida Supreme Court held that when a materialman's lien foreclosure complainant is adjudicated bankrupt, the bankruptcy trustee may sell and assign the lien and associated cause of action to third parties, who then acquire full rights to proceed with the suit. The court aff
• Brooks v. The Fed. Land Bank of Columbia
  106 Fla. 412· Fla.· 1932-08-09 ·cited 51×
  The Florida Supreme Court held that the Federal Land Bank of Columbia, a federally-chartered corporation, is bound by Florida's statute of non-claims and cannot enforce a mortgage against an estate when the bank failed to present its claim to the administrator within the required
• Tallahassee Variety Works v. Brown
  106 Fla. 599· Fla.· 1932-01-08 ·cited 47×
  The Florida Supreme Court reversed a lower court dismissal of a materialman's claim against a married woman's separate property, holding that constitutional provisions allow a woman's separate property to be charged in equity for materials furnished in construction with her knowl
• Ralph I. Selby in Bankr. for the Frimberger Corp. v. Ford Motor Co.
  590 F.2d 642· 6th Cir.· 1979-01-11 ·cited 46×
  Payments made to subcontractors from construction funds, even within four months of bankruptcy, are not preferential transfers if the funds are impressed with a statutory trust under state law, because the contractor has insufficient beneficial interest to constitute 'property' u
• Peter M. Elliott for Van's Mkt. v. A. J. Bumb for Sec. Currency Servs., Ltd.
  356 F.2d 749· 9th Cir.· 1966-02-09 ·cited 44×
  The court held that segregated funds from money order sales were trust funds belonging to the principal, but state law attempting to impress a trust on commingled funds with all of the agent's assets conflicted with federal bankruptcy law.
• 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.
• Holland v. State
  15 Fla. 455· Fla.· 1876-01-01 ·cited 43×
  The Florida Supreme Court affirmed a lower court's decision to sustain a demurrer, holding that a purchaser of railroad property at an execution sale (Holland) took the property subject to prior equitable liens, even if the sale itself was valid. The court found that the State he
• Bohlinger v. Higginbotham
  70 So. 2d 911· Fla.· 1954-03-12 ·cited 41×
  The Florida Supreme Court affirmed a lower court decree allowing Higginbotham Company and Irby Company, as assignees of policyholders, to enforce liens against a special deposit made by a defunct insurance company (The Preferred Accident Insurance Company of New York) with the Fl
• 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.
• N. C. Freed Co., Inc. v. Bd. OF Governors OF the Fed. Reserve Sys. & Fed. Trade Comm'n
  473 F.2d 1210· 2d Cir.· 1973-02-01 ·cited 34×
  The Federal Reserve Board did not exceed its authority in promulgating a regulation that includes statutory liens within the definition of 'security interest' for the purpose of the Truth-in-Lending Act's rescission provision.
• United States v. Harrington
  269 F.2d 719· 4th Cir.· 1959-08-06 ·cited 34×
  Post-bankruptcy interest and penalties on tax claims are not allowable, even if secured by a lien, as they are considered penalties for delay and are barred by statute.
• Bruce Constr. Corp. v. Fed. Realty Corp.
  104 Fla. 93· Fla.· 1932-01-25 ·cited 33×
  Bruce Construction Corporation appealed the dismissal of its lien enforcement action, claiming its mechanic's lien should take priority over L.M. Adams' mortgage. The Florida Supreme Court held that a conditional lien release was effective only to the extent of the $20,000 consid
• Lawrence v. United States
  378 F.2d 452· 5th Cir.· 1967-05-09 ·cited 32×
  The court held that the Government had a paramount prior lien on the Special Bank Account balance, and the Bank's counterclaims and the Trustee's claims were without merit.
• Ira E. Billingham v. Ellsworth W. Thiele
  109 So. 2d 763· Fla.· 1959-03-11 ·cited 32×
  An attorney is not entitled to a charging lien on client real estate without statutory authority or an express or implied agreement.
• Parks v. "MR. Ford"
  556 F.2d 132· 3d Cir.· 1977-04-04 ·cited 30×
  The court held that Pennsylvania's common law repairman's lien, allowing non-consensual possession without due process safeguards, violates the Fourteenth Amendment.
• United States v. Irving I. Bass in Bankruptcy of the Estate of Leland Cameron
  271 F.2d 129· 9th Cir.· 1959-10-19 ·cited 30×
  The United States is not entitled to post-bankruptcy interest on a tax claim secured by a lien, as the rationale for allowing such interest to other secured creditors does not apply to statutory tax liens.
• In re Kennedy & Cohen, Inc. v. Reese
  612 F.2d 963· 5th Cir.· 1980-02-29 ·cited 27×
  A constructive trust cannot be imposed on general bankruptcy funds without tracing the funds to an identifiable trust res, as federal bankruptcy law preempts conflicting state law regarding trust imposition and creditor priorities.
• Blanchard v. Raines' Executrix
  20 Fla. 467· Fla.· 1884-01-01 ·cited 27×
  The Florida Supreme Court upheld the constitutionality of statutory distress proceedings for rent collection, holding that a landlord may seize a tenant's property and crops for unpaid rent without prior notice or personal service, provided the tenant retains a right to replevy a
• In re Telemart Enters., Inc. v. Holzman
  524 F.2d 761· 9th Cir.· 1975-09-17 ·cited 26×
  The court held that UCC § 2-702(2) is not an invalid statutory lien or a disguised state priority, but a valid right of rescission for voidable title. However, the court reversed due to procedural irregularities in the referee's adoption of findings.
• 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.
• United States v. Limbs
  524 F.2d 799· 9th Cir.· 1975-10-03 ·cited 24×
  The court held that the government's suit to recover compensation benefits paid to injured employees who settled with a third-party tortfeasor is a quasi-contractual claim subject to a six-year statute of limitations, and that the employees' attorney was not liable for distributi
• Kimbrell v. Fink
  78 So. 2d 96· Fla.· 1955-02-16 ·cited 24×
  The Florida Supreme Court reversed a foreclosure decree against property owners where a construction company sought an equitable lien for improvements made by the homeowners' daughter and her husband. The court held that the construction company's remedy was exclusively under the
• City of New Orleans v. Harrell
  134 F.2d 399· 5th Cir.· 1943-03-12 ·cited 24×
  A statutory lien on personal property not accompanied by possession is subordinated to certain priorities under Section 67(c) of the Bankruptcy Act, even if valid under state law.
• In re Simmons v. J.T. Savell
  765 F.2d 547· 5th Cir.· 1985-07-19 ·cited 23×
  Confirmation of a Chapter 13 plan does not automatically extinguish a valid statutory lien on the debtor's property, even if the creditor's claim is listed as unsecured and the creditor did not object to the plan.
• The Century Tr. Co. of Baltimore v. The Allison Realty Co.
  105 Fla. 456· Fla.· 1932-05-11 ·cited 22×
  Century Trust Company appeals a decree awarding a mechanic's lien to Allison Realty Company for construction work, which the court held to be superior to Century Trust's three mortgages. The case turns on whether construction work continued after the effective date of Century Tru
• In re Farmers Mkts., Inc. v. Farmers Mkts., Inc.
  792 F.2d 1400· 9th Cir.· 1986-06-26 ·cited 21×
  The Bankruptcy Code did not change the law regarding the state's interest in liquor licenses under its tax statute, and the debtors' estates took the licenses subject to this restriction.
• Jennings v. Conn. Gen. Life Ins. Co.
  177 So. 2d 66· Fla. 2d DCA· 1965-06-17 ·cited 21×
  Jack Jennings, a contractor, sought an equitable lien against the San Juan Hotel property for improvements he made under a contract with the lessee, Lasro Corporation. The court affirmed the dismissal of his equitable lien claim, holding that the lease covenants did not require t
• Dewing v. Davis
  117 So. 2d 747· Fla. 2d DCA· 1960-02-05 ·cited 19×
  Davis, a professional grove caretaker, performed labor improving a citrus grove owned by Arthur S. Dewing. The court upheld an equitable lien on the property for Davis's unpaid services, finding that Dewing permitted and benefited from the work, though the court reversed the port
• City of Miami v. Certain Lands Upon Which City of Miami Taxes & Liens Are Delinquent
  126 Fla. 781· Fla.· 1937-01-08 ·cited 19×
  This case concerns whether a city's in rem tax foreclosure proceeding under a special statute can extinguish the rights of holders of other tax certificates on the same land that are of equal dignity. The court held that such a proceeding is limited to foreclosing the delinquent
• Culbertson v. Leland
  528 F.2d 426· 9th Cir.· 1975-10-03 ·cited 18×
  The seizure of a tenant's property by an innkeeper under state innkeeper's lien statutes, without a security interest in the property, constitutes state action.
• Lehigh Structural Steel Co. v. Langner
  43 So.2d 335· Fla.· 1949-11-01 ·cited 18×
  This case concerns whether a materialman can claim a lien on real property for specially fabricated steel that was not delivered to the construction site, but stored elsewhere, awaiting shipping instructions from the general contractor. The court held that such a lien could not b
• S. Paint Mfg. Co., Inc. v. Crump
  132 Fla. 799· Fla.· 1938-06-15 ·cited 18×
  Southern Paint Manufacturing Co. sought to enforce a materialman's lien against a property owner who had paid the contractor in full without receiving a sworn statement of payment from the contractor. The Florida Supreme Court affirmed dismissal of the complaint, holding that mat
• Goldsmith v. Orange Belt Sec. Co.
  115 Fla. 683· Fla.· 1934-07-05 ·cited 18×
  Orange Belt Securities Co. sought to foreclose a lien for labor and materials (cultivation and care of citrus trees) against property held as an estate by the entireties. The Florida Supreme Court reversed, holding that the statutory lien for labor and materials applied only to c
• Macfarlane v. The S. Lumber & Supply Co.
  47 Fla. 271· Fla.· 1904-01-01 ·cited 17×
  A lumber company sought to enforce a mechanic's lien against a married woman's separate property for materials supplied to an independent contractor who built a house on her land. The Florida Supreme Court reversed, holding that mechanic's lien statutes did not apply to a married
• In re Anchorage Int'l INN, Inc. v. Alaska Dep't OF Labor
  718 F.2d 1446· 9th Cir.· 1983-09-15 ·cited 16×
  A state statute requiring payment of debts arising from a licensed business before transfer of the liquor license is not preempted by federal bankruptcy law, as it creates a valid lien on the asset, not an invalid priority scheme.
• Liberty Mut. Ins. Co. v. Ameta & Co.
  564 F.2d 1097· 4th Cir.· 1977-10-18 ·cited 16×
  The court held that an "award" under the Longshoremen's and Harbor Workers' Compensation Act does not require a formal award, and that a release given by an injured employee to a shipowner does not bar the employer's insurance carrier from recovering its lien if the carrier did n
• Edward L. Nezelek, Inc. v. Food Fair Props. Agency, Inc.
  309 So. 2d 219· Fla. 3d DCA· 1975-03-11 ·cited 16×
  A contractor sought to foreclose a mechanic's lien against a property owner and property management company for improvements made by a lessee tenant. The trial court denied the lien claim, and the appellate court affirmed, holding that the contractor failed to comply with statuto
• Murrell v. Trio Towing Serv., Inc.
  294 So. 2d 331· Fla. 3d DCA· 1974-05-14 ·cited 16×
  Plaintiff parked his car in an unmarked area of an apartment complex parking lot and it was towed by Trio Towing Service at the apartments' request. When Trio refused to return the vehicle without payment of towing and storage charges, plaintiff sued for conversion. The court hel
• Dekle v. Calhoun
  60 Fla. 53· Fla.· 1910-06-01 ·cited 16×
  A landlord brought a conversion action against a defendant who took possession of cotton produced by the landlord's tenant. The Florida Supreme Court held that a landlord with only a statutory lien for rent, without possession of the property, cannot maintain an action for conver
• Kimball v. Jenkins
  11 Fla. 111· Fla.· 1866-07-01 ·cited 16×
  A lien created by execution issued and placed in the sheriff's hands during the debtor's lifetime is not affected by the debtor's death and remains in full force in the administration of the estate. The 1853 insolvency statute, by omitting mention of judgments of record from its
• Hogue v. D. N. Morrison Const. Co.
  115 Fla. 293· Fla.· 1933-06-23 ·cited 15×
  A Virginia corporation foreclosed a mechanic's lien on Florida property for construction work performed while the corporation was not qualified to do business in Florida. The court held that foreign corporations cannot acquire statutory mechanic's liens while illegally doing busi
• Clarkson v. Louderback
  36 Fla. 660· Fla.· 1895-06-01 ·cited 15×
  James L. Clarkson appealed a decree establishing that a mechanic's lien assigned to the appellees took priority over his subsequent mortgage interest on property in Kissimmee, Florida. The Florida Supreme Court affirmed, holding that statutory mechanic's liens are assignable and
• Md. Nat'l Bank v. The Mayor & City Council OF Baltimore
  723 F.2d 1138· 4th Cir.· 1983-12-19 ·cited 14×
  The court held that the City's lien for 1980-81 real estate taxes was not avoidable by the bankruptcy trustee under 11 U.S.C. § 545 because Maryland law permitted the perfection of this interest post-petition under 11 U.S.C. § 546(b).
• In re Fed's. Inc.
  553 F.2d 509· 6th Cir.· 1977-04-19 ·cited 14×
  A seller's right of reclamation under UCC § 2-702 is a valid state-created ownership right, not an invalid statutory lien or disguised priority under the Bankruptcy Act, and is superior to the rights of a bankruptcy trustee.
• Rosenblum v. United States
  300 F.2d 843· 1st Cir.· 1962-04-04 ·cited 14×
  The court held that a trustee in bankruptcy does not have an absolute right to intervene in an action to impose personal liability on debtors for failing to honor federal tax levies, as the service of a notice of levy alone reduces the government's claim to possession under the 1