Statutory Lien Priority

11 Florida cases classified under this topic · sorted by citation count · browse and sort

• 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
• United States v. Weissman
  135 So. 2d 235· Fla. 2d DCA· 1961-12-08 ·cited 12×
  The court held that a landlord's statutory lien for rent, though superior under Florida law to liens acquired after the tenant brings property onto the premises, is not a perfected lien under federal law and therefore has priority lower than federal tax liens assessed prior to th
• Diversified Mortg. Invs. v. Benjamin
  345 So. 2d 392· Fla. 3d DCA· 1977-05-03 ·cited 8×
  A mechanic's lien is discharged if an action to enforce it is not commenced against the record fee owner within one year of the lien's recording.
• Schlothan v. Territory OF Alaska
  276 F.2d 806· 9th Cir.· 1960-02-09 ·cited 8×
  The court held that the Alaska tax lien statute, which grants priority to tax liens over other encumbrances regardless of whether the taxed activity occurred on the encumbered property, does not violate the Due Process or Equal Protection clauses of the Constitution, nor does it
• Carter v. Brady
  51 Fla. 404· Fla.· 1906-01-01 ·cited 8×
  W.J. Carter sought to enforce a materialman's lien against Hugh Brady's land for materials furnished to contractor W.A. Cox. The Florida Supreme Court held that Carter's lien was properly acquired by notice delivered before the building's completion, even though Cox had assigned
• U.S. Bank Nat'l Ass'n for Lehman Brothers-Structured Asset Inv. Loan Tr. Sail 2005-3 v. Farhood
  153 So. 3d 955· Fla. 1st DCA· 2014-12-16 ·cited 3×
  U.S. Bank appeals a trial court's decision imposing sanctions by declaring a condominium association's lien superior to the bank's mortgage lien based on alleged dilatory litigation tactics. The First District Court of Appeal reverses, holding that courts cannot use equitable pow
• Lawyers Title Ins. Corp. v. Honolulu Fed. Sav. & Loan Ass'n
  900 F.2d 159· 9th Cir.· 1990-01-11 ·cited 2×
  The court held that the estoppel certificates did not waive the lessor's right to cancel the leases, and therefore the mechanic's liens constituted an insurable loss under the title policy.
• Acme Elec. Contractors, Inc. v. Duffey
  243 So. 2d 459· Fla. 4th DCA· 1971-01-27 ·cited 2×
  ACME Electrical Contractors sought to enforce a statutory lien for labor on electrical equipment installed in a hotel, but the lien was held inferior to two prior recorded real estate mortgages containing after-acquired personal property clauses. The court affirmed the foreclosur
• United States v. Evans
  245 F.2d 681· 10th Cir.· 1957-06-11 ·cited 2×
  A prior filed chattel mortgage with an after-acquired property clause takes priority over a statutory agister's lien or landlord's lien for rent.
• In re Guardianship OF Rony v. Irving
  297 So. 2d 331· Fla. 2d DCA· 1974-07-12
  The State of Florida appealed a circuit court's decision prioritizing a nursing home's claim for services over the state's statutory lien for hospital care of an incompetent ward. The court held that the state was estopped from claiming priority because it had initiated the guard