Statutory Lien

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

• Brookhaven Bank & Tr. Co. v. Gwin
  253 F.2d 17· 5th Cir.· 1958-03-04 ·cited 14×
  The court held that the trustee's abandonment of the property restored the pre-bankruptcy priorities between the lienholders, and the judgment lien was superior to the chattel mortgage.
• Davis v. City of N.Y.
  119 F.2d 559· 2d Cir.· 1941-04-28 ·cited 14×
  The court held that the City's tax lien was a statutory lien valid under § 67(b) of the Bankruptcy Act, despite the bankrupt's insolvency and the shifting nature of its merchandise.
• Mills v. Britt
  56 Fla. 839· Fla.· 1908-06-01 ·cited 14×
  In this mechanic's lien case, the Florida Supreme Court upheld a lower court's decree granting appellee Britt a statutory lien on appellant Mills's property for unpaid labor and materials furnished in building an addition to Mills's house. The Court rejected Mills's argument that
• Armstrong v. Blackadar
  118 So. 2d 854· Fla. 2d DCA· 1960-03-04 ·cited 13×
  Claude Armstrong brought a lien foreclosure action against Harry and Olive Blackadar for repairs to fire-damaged property. The trial court dismissed the complaint, finding no statutory lien could attach because John Riggi, who contracted for the repairs, did not own the property
• In re Chicago
  830 F.2d 758· 7th Cir.· 1987-09-28 ·cited 12×
  The court held that the reorganization court did not abuse its discretion in setting a 7.5/8.5 percent interest rate for the government's tax claim, and that the government's failure to file a timely claim for a tax penalty barred its recovery.
• S. Ry. Co. v. Seaborn J. Flournoy
  301 F.2d 847· 4th Cir.· 1962-03-26 ·cited 12×
  The court held that certain unsecured, business-operating expenses incurred by a railroad within six months of reorganization proceedings can take priority over mortgage liens, even without a diversion of earnings, if they meet specific criteria of necessity and operational indis
• 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
• In re Quaker City Unif. Co., Inc.
  238 F.2d 155· 3d Cir.· 1956-10-31 ·cited 12×
  The court held that Section 67(c) of the Bankruptcy Act implicitly postpones a chattel mortgage lien, which is inferior under state law to a landlord's lien, to a position behind the landlord's lien, even if the chattel mortgage is not expressly mentioned in Section 67(c).
• Commonwealth of Ky. Ex rel. Unemployment Comp. Comm'n v. Farmers Bank & Tr. Co. of Henderson
  139 F.2d 266· 6th Cir.· 1943-12-07 ·cited 12×
  A statutory lien for penalties, valid at the time of adjudication, is enforceable against a bankrupt estate even though the Bankruptcy Act generally disallows claims for penalties.
• Allardice & Allardice, Inc. v. Weatherlow
  98 Fla. 475· Fla.· 1929-09-25 ·cited 12×
  A contractor sought to enforce a mechanic's lien against property held as a tenancy by the entireties, claiming it had a contract with both spouses for construction work. The Florida Supreme Court held that to create a lien on such property, both spouses must participate in incur
• Wilson v. Mitchell
  43 Fla. 107· Fla.· 1901-01-01 ·cited 12×
  Wilson, holder of Internal Improvement Fund bonds issued by the Florida Atlantic & Gulf Central Railroad, sued the state trustees to recover unpaid principal and interest, arguing the trustees breached their fiduciary duties by failing to collect sinking fund payments and account
• Holly Lake Ass'n v. Fed. Nat'l Mortg. Ass'n
  660 So. 2d 266· Fla.· 1995-07-06 ·cited 11×
  The Florida Supreme Court held that a homeowners' association's lien for unpaid assessments does not have priority over an intervening mortgage unless the declaration of covenants contains specific language indicating the lien relates back to the declaration's filing date or othe
• In re Morton v. Nat'l Bank OF NEW York City
  866 F.2d 561· 2d Cir.· 1989-01-24 ·cited 11×
  11 U.S.C. § 108(c) tolls the ten-year expiration period for a New York judgment lien on real property when the property is part of a bankrupt estate protected by the automatic stay, preserving the lien until 30 days after the stay terminates.
• Accent Realty OF Jacksonville, Inc. v. Crudele
  496 So. 2d 158· Fla. 3d DCA· 1986-09-16 ·cited 11×
  Accent Realty appeals a judgment quieting title to property in Crudele's name, free of Accent Realty's lien, on grounds of res judicata and collateral estoppel. The court reverses, holding that an earlier mandamus order was interlocutory and not final, and that Accent Realty acqu
• Fowler v. Boise Cascade Corp.
  948 F.2d 49· 1st Cir.· 1991-10-29 ·cited 10×
  The court held that the contract's insurance procurement and indemnity clauses did not waive the employer's statutory immunity under the Maine Workers' Compensation Act, and that the subrogation clause did not preclude the insurer's statutory lien on the employee's judgment again
• Paul D. Pearlstein for Sardis, Inc. v. U.S. Small Bus. Admin. Appeal of Dist. of Columbia Gov't
  719 F.2d 1169· D.C. Cir.· 1983-10-14 ·cited 10×
  The court held that the priority of liens in bankruptcy, including tax liens, is determined by applicable nonbankruptcy law, not by federal 'first in time' principles unless explicitly stated.
• In re J. R. Nieves & Co., Inc.
  446 F.2d 188· 1st Cir.· 1971-06-16 ·cited 10×
  A seller's lien under Puerto Rico law, which is not specifically perfected against a bona fide purchaser by state law, is invalid against a bankruptcy trustee under 11 U.S.C. § 107(c)(1)(B).
• Movers v. Beller
  280 F.2d 91· 8th Cir.· 1960-06-27 ·cited 10×
  The court held that the appellant's claim was properly disallowed because the issue of whether it had a lien for services was res judicata from a prior state court action, and under Iowa law, no such lien existed.
• Cushman Baking Co. v. Hoberman
  74 So. 2d 69· Fla.· 1954-07-20 ·cited 10×
  The Florida Supreme Court denied a petition for writ of certiorari, holding that a widow's right to workers' compensation benefits was not extinguished by her recovery from a third party for her husband's wrongful death. The court emphasized that subrogation rights for the insura
• Cal. State Dep't of Emp. v. United States
  210 F.2d 242· 9th Cir.· 1954-01-25 ·cited 10×
  Section 67, sub. c of the Bankruptcy Act does not alter the priority of statutory liens established by § 67, sub. b; federal tax liens perfected prior to state tax liens remain superior even if the state acquired possession of the property before bankruptcy.
• Tilghman v. The United States Fid. & Guar. Co.
  90 Fla. 282· Fla.· 1925-07-31 ·cited 10×
  W.G. Tilghman sued United States Fidelity & Guaranty Company on a forthcoming bond, seeking recovery of the penalty when the defendant failed to produce property subject to a perfected lien that had been attached and then released. The Florida Supreme Court reversed, holding that
• Reed v. S. Lumber & Supply Co.
  73 Fla. 886· Fla.· 1917-04-17 ·cited 10×
  The Florida Supreme Court upheld a statutory lien obtained by a lumber supplier against property owners where the supplier had no privity with the owners but delivered a cautionary notice to the architect as required by statute. The court rejected the owners' argument that the no
• Marshall v. Bumby
  25 Fla. 619· Fla.· 1889-06-01 ·cited 10×
  In this assumpsit action, Marshall (appellee) sued Bumby (appellant) to recover $245 on a bill of exchange accepted by Bumby. The Florida Supreme Court affirmed judgment for Marshall, holding that the conditional acceptance became due when the contingency (completion of houses) o
• United States v. Bell Credit Union
  860 F.2d 365· 10th Cir.· 1988-10-21 ·cited 9×
  Credit unions must surrender member share accounts to IRS levies, and their claims of statutory or contractual liens do not establish priority over federal tax liens. Failure to comply without reasonable cause incurs penalties.
• In the Matter of: Lowery Bros., Inc. v. Davis Water & Waste Indus., Inc.
  589 F.2d 851· 5th Cir.· 1979-02-15 ·cited 9×
  Florida Statutes section 713.15 creates a statutory lien valid against a trustee in bankruptcy, as it grants a supplier a superior right to repossess unpaid materials under specified conditions.
• Dwork v. Executive Ests. of Boynton Beach Homeowners Ass'n, Inc.
  219 So. 3d 858· Fla. 4th DCA· 2017-05-24 ·cited 8×
  The Fourth District Court of Appeal reversed a trial court's award of money damages to a homeowners association for unpaid fines, holding that strict compliance with Florida Statute § 720.305(2)(b)'s fourteen-day notice requirement is mandatory before an HOA can impose fines, and
• Suarez v. KMD Constr., Inc.
  965 So. 2d 184· Fla. 5th DCA· 2007-08-24 ·cited 8×
  The Florida Fifth District Court of Appeal granted a petition for writ of certiorari challenging a trial court's denial of a motion to dissolve a notice of lis pendens filed by KMD Construction. The court held that KMD's claims were not founded on a duly recorded instrument as re
• Baron, Melnick & Powell, P.A. v. Costa
  478 So. 2d 492· Fla. 1st DCA· 1985-11-14 ·cited 8×
  A law firm appealed an order compelling production of business documents to defendants, arguing the documents were not sought for proper discovery purposes but rather to enable defendants to prepare their own tax returns. The appellate court agreed, finding the documents were not
• Gardner v. Commonwealth OF Pa.
  685 F.2d 106· 3d Cir.· 1982-08-11 ·cited 8×
  The court held that liens obtained by confessed judgment are judicial liens avoidable under section 522(f)(1) of the Bankruptcy Code, and that the Eleventh Amendment does not bar the bankruptcy court from avoiding state liens.
• 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
• Commercial Eng'g & Contracting Co., Inc. v. Beals
  99 So. 2d 882· Fla. 3d DCA· 1958-01-23 ·cited 8×
  Commercial Engineering and Contracting Company sued Mary Y. Beals for payment under a contract with the deceased Edward E. Beals, claiming both statutory and equitable liens on property, and alternatively seeking money damages. The trial court dismissed the entire complaint, but
• Greenblatt v. Ernest R. Utley in bankruptcy for Moses A. Fleming
  240 F.2d 243· 9th Cir.· 1956-10-09 ·cited 8×
  The appellate court held that it lacked jurisdiction to make affirmative findings of fact regarding the existence of a mechanic's lien or the agreement for forbearance.
• 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.
• Am. United Life Ins. Co. v. Fischer
  130 F.2d 643· 8th Cir.· 1942-07-30 ·cited 8×
  Title to securities deposited with the Iowa Insurance Commissioner by an insolvent Michigan life insurance company vested in the State of Iowa for the benefit of the old Iowa company's policyholders, and the Iowa Commissioner had the right to administer these securities.
• 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.
• Am. United Life Ins. Co. v. Fischer
  117 F.2d 811· 8th Cir.· 1941-02-24 ·cited 8×
  The dissenting judge holds that the Iowa courts, not Michigan courts, have primary jurisdiction over securities deposited with the Iowa Insurance Commissioner.
• City of Lake Worth v. McLeod
  112 Fla. 843· Fla.· 1933-11-24 ·cited 8×
  This case addresses whether liens for special assessments for public improvements are of equal dignity to liens for state and county ad valorem taxes. The court held that they are not, based on statutory interpretation.
• 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
• 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
• In re Loretto Winery Ltd. v. Andrew
  898 F.2d 715· 9th Cir.· 1990-03-12 ·cited 6×
  The Producers' lien is not enforceable against a bona fide purchaser because it is not perfected or enforceable under state law against such a purchaser, and thus can be avoided by the bankruptcy trustee under 11 U.S.C. § 545(2).
• Curtis v. Sears
  754 F.2d 781· 8th Cir.· 1985-02-13 ·cited 6×
  The court held that a federal court has ancillary jurisdiction over an insurer's intervention of right even after the main claim settles, provided minimal legal issues remain and retaining jurisdiction is practical.
• In re PFA Farmers Mkt. Ass'n v. William A. Wear in bankruptcy for the above named bankrupt
  583 F.2d 992· 8th Cir.· 1978-08-29 ·cited 6×
  The seller's right to reclaim goods under UCC § 2-702 is a 'statutory lien' invalid against the buyer's trustee under Bankruptcy Act § 67(c)(1)(A) because it becomes effective upon the buyer's insolvency.
• 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.
• Delfino R. Olivas v. United States
  506 F.2d 1158· 9th Cir.· 1974-11-12 ·cited 6×
  The court held that the government's negligence was the proximate cause of the plaintiff's injury, and that the government was entitled to a setoff for workmen's compensation payments because it paid the insurance premiums, but Aetna waived its statutory lien.
• J. F. Hodgkins Co. (1) v. The United States
  318 F.2d 932· Ct. Cl.· 1963-06-07 ·cited 6×
  The court held that the subcontractors were entitled to just compensation under the Fifth Amendment for the destruction of their statutory liens when the government took possession of materials intended for vessel construction.
• Randall v. United States
  282 F.2d 287· D.C. Cir.· 1960-07-21 ·cited 6×
  The United States is entitled to a refund of compensation paid to a beneficiary when that beneficiary receives a settlement from a third party for the same injury or death, but only to the extent of the beneficiary's share of the settlement.
• United States v. Atl. Coast Line R.R. Co.
  237 F.2d 137· 4th Cir.· 1956-09-22 ·cited 6×
  The court held that the railroad was liable for the amount paid by the Board to the injured employee, and that the judgment should be enforced against the employee first due to equitable principles.
• Howard v. Calhoun
  155 Fla. 689· Fla.· 1945-03-09 ·cited 6×
  The Florida Supreme Court held that a landlord's statutory lien on a tenant's personal property placed in a rental apartment does not violate the constitutional exemption of personal property from forced sale, where the tenant voluntarily brought the property into the apartment k
• Ida v. Dalton and D. W. Dalton v. T. T. Camp
  141 Fla. 892· Fla.· 1940-02-23 ·cited 6×
  The Florida Supreme Court reviewed an order denying a motion to dismiss a bill of complaint seeking to charge a married woman's separate property for improvements. The court clarified that while a statutory lien might not be acquired, the Constitution allows charging the property