Statutory Lien

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

• State v. Draughon
  127 Fla. 528· Fla.· 1937-03-24 ·cited 6×
  This case concerns whether a legislative repeal of a statute protecting tax certificate holders unconstitutionally impairs the obligation of contract. The court held that the repeal was ineffective as applied to existing certificates, as it lessened the value of the contract by r
• The Trs. of the Wylly Acad. v. Sanford
  17 Fla. 162· Fla.· 1879-01-01 ·cited 6×
  The Trustees of Wylly Academy sought equitable relief to prevent lienors from collecting more than the contract price for a school building when mechanic's liens exceeded the amount owed the contractor. The Florida Supreme Court held that owners cannot be liable for more than amo
• Nat'l Bank of Jacksonville v. Williams
  38 Fla. 305· Fla.· 1896-06-01 ·cited 5×
  The National Bank of Jacksonville sought an injunction against laborers claiming mechanic's liens on property it had sold to Edge & Edwards under an executory contract. The Florida Supreme Court held that while the laborers acquired liens under the 1887 statute while performing w
• Summit Claims Mgmt., Inc. v. Lawyers Express Trucking, Inc.
  913 So. 2d 1182· Fla. 4th DCA· 2005-10-12 ·cited 4×
  A workers' compensation insurance carrier that fails to seek its statutory lien in accordance with statutory notice requirements, despite having actual knowledge of the tort proceedings, is not entitled to an equitable lien.
• H & B Builders, Inc. v. City OF Sunrise
  727 So. 2d 1068· Fla. 4th DCA· 1999-02-24 ·cited 4×
  H & B Builders and other property owners challenged special assessment interest rates imposed by the City of Sunrise, arguing they were entitled to reduced rates after the city refunded the underlying bonds at lower rates. The court affirmed dismissal based on the four-year statu
• Ponce Invs., Inc. v. Fin. Cap. OF Am.
  718 So. 2d 280· Fla. 3d DCA· 1998-09-09 ·cited 4×
  Ponce Investments appeals a trial court judgment in a real estate dispute where the court granted foreclosure of a mortgage but denied other claims, including a statutory lien. The Sellers cross-appeal, arguing the trial court erred in rejecting their fraudulent lien claim. The c
• In re Woods Farmers Coop. Elevator Co. v. ST. Paul Bank FOR Coops.
  983 F.2d 125· 8th Cir.· 1993-01-07 ·cited 4×
  The court held that the district court's remand order was not a final decision and therefore dismissed the appeal for lack of jurisdiction.
• Stanley G. Makoroff for Guterl Special Steel Corp. v. The City OF Lockport
  916 F.2d 890· 3d Cir.· 1990-10-19 ·cited 4×
  The dissenting judge believes the court should defer to the Second Circuit's interpretation of New York tax law regarding the perfection of tax interests in bankruptcy.
• In re Thurman A. FOX and Jewel D. Fox v. Thurman A. FOX and Jewel D. Fox
  902 F.2d 411· 5th Cir.· 1990-06-06 ·cited 4×
  A debtor cannot use 11 U.S.C. § 522(f) to avoid a valid, voluntary, nonpossessory, nonpurchase-money security interest in household goods that are otherwise exempt under Mississippi law.
• In re Hilligoss
  849 F.2d 280· 7th Cir.· 1988-06-13 ·cited 4×
  The court held that the appeal concerning the Monke claim should be dismissed for lack of a final judgment, and affirmed the bankruptcy court's order regarding the Avey claim, finding it was a sharecropping arrangement, not a landlord-tenant relationship.
• In re Newbury Cafe, Inc. v. Newbury Cafe, Inc.
  841 F.2d 20· 1st Cir.· 1988-03-08 ·cited 4×
  An oversecured taxing authority cannot recover post-petition interest on a statutory lien under section 506(b) of the Bankruptcy Code if the lien was not the product of a pre-petition agreement.
• Ford Motor Credit Co. v. Hanus
  491 So. 2d 570· Fla. 4th DCA· 1986-01-15 ·cited 4×
  Ford Motor Credit Company appealed an involuntary dismissal granted in favor of Ocean City Lumber Company at the conclusion of FMCC's case-in-chief in a non-jury trial. The appellate court reversed, finding that FMCC presented sufficient evidence to establish Ocean City violated
• Bell v. United States
  754 F.2d 490· 3d Cir.· 1985-01-30 ·cited 4×
  The court held that the Federal Employee's Compensation Act (FECA) payments should not be fully deducted from no-fault benefits because the portion of FECA payments recouped by the government under subrogation rights is not a true benefit to the claimant.
• SUN First Nat'l Bank OF Orlando v. Miller
  397 So. 2d 943· Fla. 5th DCA· 1981-04-08 ·cited 4×
  Sun First National Bank appealed a judgment finding that the Florida Department of Revenue's tax lien on two motor vehicles was superior to the bank's security interest. The court affirmed, holding that because the Department became a lien creditor before the bank perfected its s
• Aviation Invs., Inc. v. Cameron
  350 F.2d 959· 5th Cir.· 1965-09-23 ·cited 4×
  A statutory lien for repairs on an aircraft, not perfected by possession or timely statutory enforcement, is voidable by a bankruptcy trustee as a creditor without notice.
• Rochelle v. City OF Dallas
  264 F.2d 166· 5th Cir.· 1959-02-25 ·cited 4×
  The court held that the term "debts" in the 1952 Amendment to Section 67, sub. c of the Bankruptcy Act does not include taxes, and therefore the City of Dallas's statutory tax lien was not invalidated as against the trustee in bankruptcy.
• Biscayne Tr. Co. under the Last Will & Testament of Alexander F. Dulbs (also known as A. F. Dulbs) v. Wolpert Realty & Improvement Co.
  100 Fla. 1070· Fla.· 1930-10-29 ·cited 4×
  Biscayne Trust Company, as executor of A.F. Dulbs's estate, sought to foreclose a mechanic's lien against two buildings on separate lots for plumbing work performed under two separate contracts. The Florida Supreme Court held that mechanic's liens follow the contract structure: s
• 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
• Ross v. Agency for Health Care Admin.
  947 So. 2d 457· Fla. 3d DCA· 2006-08-16 ·cited 3×
  Ana Ross, as personal representative of her deceased husband's estate, appealed a trial court decision requiring full reimbursement of Medicaid expenses from settlement proceeds. The Florida appellate court affirmed that the Agency for Health Care Administration is entitled to re
• Ford Motor Credit Co. v. Sw. Transp., Inc.
  668 So. 2d 1068· Fla. 3d DCA· 1996-02-28 ·cited 3×
  Ford Motor Credit Co. appeals a trial court order denying it relief and allowing a towing company to retain a vehicle and impose storage charges. The Third District Court of Appeal reversed, holding that the towing company failed to make good faith best efforts to notify the lien
• Sec. & Exch. Comm'n v. Elliott
  620 So. 2d 159· Fla.· 1993-05-06 ·cited 3×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether Florida tax certificates constitute interests in land excluded from Article 9 of the Uniform Commercial Code. The Court held that tax certificates are statutory liens on real prope
• Standard Fertilizer Co. v. The State
  130 Fla. 350· Fla.· 1937-12-10 ·cited 3×
  This case concerns the ability of a holder of certificates of indebtedness, issued under a drainage act, to foreclose the lien evidenced by tax sale certificates held by the State. The court held that such a holder, as the beneficial owner, can sue in the State's name to enforce
• Jotonnia Hayes v. State
  69 So. 3d 1035· Fla. 5th DCA· 2011-09-16 ·cited 2×
  Jotonnia Hayes appeals her probation revocation sentence, arguing that the trial court exceeded the suspended portion of a true split sentence when imposing five years in prison. The court affirms the revocation sentence but reverses in part regarding improper cost assessments.
• SKFW Mgmt. Corp. v. Dep't OF Revenue
  867 So. 2d 1232· Fla. 5th DCA· 2004-03-12 ·cited 2×
  SKFW Management Corp. and Royal Palace Hotel Associates sought a writ of prohibition or certiorari challenging the circuit court's denial of their request for a waiver of bond posting requirements under Florida's tax assessment dispute statute. The appellate court denied the peti
• 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.
• LoPICCOLO v. Second Injury Fund OF State OF Mich.
  826 F.2d 1539· 6th Cir.· 1987-09-01 ·cited 2×
  The court held that the 1984 amendment allowing the Second Injury Fund to seek reimbursement applies to benefits paid after the amendment's effective date, even if the injury occurred before the amendment.
• V.S.H. Realty, Inc. v. Texaco, Inc.
  757 F.2d 411· 1st Cir.· 1985-03-15 ·cited 2×
  The court held that Massachusetts General Laws chapter 93A does not impose liability for pure nondisclosure in a case involving sophisticated business parties and an "as is" contract, as this would negate the purpose of "as is" provisions.
• Miller v. Econ. Lab., Inc.
  410 So. 2d 642· Fla. 1st DCA· 1982-03-08 ·cited 2×
  The court affirmed summary judgment dismissing Miller's counterclaim for a statutory or equitable lien on goods for unpaid freight charges from prior shipments, holding that UCC § 7-307(1) limits a carrier's lien to charges incurred after receipt of the goods unless the parties a
• The Dublin Co. & Fid. & Deposit Co. of Md. v. Brady Sales, Inc.
  380 So. 2d 1095· Fla. 5th DCA· 1980-02-20 ·cited 2×
  A subcontractor appeals from a judgment awarding a materialman $18,960.40 plus interest on a mechanic's lien for materials allegedly supplied to a construction project. The Florida appellate court affirmed, holding that the trial court properly found the materials were delivered
• 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
• Erna Brand Zeddies and Ann Louise Henderson v. United States
  357 F.2d 897· 7th Cir.· 1966-03-03 ·cited 2×
  The court held that the government failed to prove the 1953 conveyance was fraudulent, thus reversing the judgment allowing foreclosure of tax liens.
• Indep. Film Distribs., Ltd. v. Chesapeake Indus., Inc.
  250 F.2d 951· 2d Cir.· 1958-01-02 ·cited 2×
  The court held that the district court erred in granting summary judgment and should have instead granted a preliminary injunction pending a trial on the merits regarding the validity of the lien and subsequent sale.
• 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.
• Reconstr. Fin. Corp. v. Kern-Limerick, Inc.
  192 F.2d 978· 8th Cir.· 1951-12-12 ·cited 2×
  The court held that the mechanic's lien filed by appellee was prior and superior to the mortgage lien of the appellant because the appellee had a valid statutory lien before the mortgage was executed and the appellant had sufficient notice of the appellee's claim.
• Farmington TP. v. Warrenville State Bank
  185 F.2d 260· 6th Cir.· 1950-11-28 ·cited 2×
  A receiver appointed under the Michigan Revenue Bond Act can charge a township for fire hydrant rental, as this constitutes a service for which payment is required.
• In re W. Beverly Corp. Cheek v. Div. of Labor Law Enf't
  166 F.2d 429· 9th Cir.· 1948-03-04 ·cited 2×
  A California statute creating liens for wage claimants survives bankruptcy, allowing those liens to be valid against a bankruptcy trustee.
• Freeman Furniture Factories, Inc. v. Bowlds
  136 F.2d 136· 6th Cir.· 1943-04-23 ·cited 2×
  A bankruptcy court can sell assets free and clear of liens, and a state court judgment, even if based on questionable grounds, is binding if the bankruptcy trustee fails to contest it in state court.
• In re the Est. of Walter N. Helveston
  96 Fla. 390· Fla.· 1928-08-01 ·cited 2×
  D. J. Hobbs sought to intervene in a receivership proceeding for Walter N. Helveston's estate to assert a statutory lien on property for materials and labor provided. The circuit court denied his petition to intervene, and the Florida Supreme Court reversed, holding that a claima
• St. Johns & Halifax R.R. Co. v. Bartola & Genaro
  28 Fla. 82· Fla.· 1891-06-01 ·cited 2×
  The Florida Supreme Court reversed a circuit court decree awarding damages for breach of contract in a mechanic's lien case, holding that a statutory lien for railroad construction labor extends only to compensation for work actually performed, not to unliquidated damages arising
• Summit Claims Mgmt., Inc. v. Lawyers Express Trucking, Inc.
  944 So. 2d 339· Fla.· 2006-11-22 ·cited 1×
• Haverty Furniture Co. v. Kennelly Moving & Storage Co.
  19 Fla. Supp. 88· Duval Cty. Civ. Ct. Rec.· 1962-03-09 ·cited 1×
  A conditional vendor sought to recover possession of chattels from a warehouseman through replevin, and the court held that an unrecorded conditional sale contract creates a lien superior to a warehouseman's statutory lien under Florida law, rejecting the warehouseman's motion to
• Bostwick v. Van Sant
  98 Fla. 565· Fla.· 1929-10-08 ·cited 1×
  The Florida Supreme Court affirmed an interlocutory order striking certain portions of defendants' answer in a mortgage foreclosure action and denying defendants' motion to strike the complainant's replication. The court upheld the chancellor's determinations that defendants' eva
• K.H. v. Agency for Health Care Admin.
  Fla. 1st DCA· 2023-04-12
  This case concerns a Medicaid lien asserted by the Florida Agency for Health Care Administration (AHCA) against a recipient's lawsuit settlement. The court affirmed the denial of the recipient's petition to reduce the lien amount, finding that a "Letter of Understanding" not agre
• Jones v. McKinney
  Fla. 2d DCA· 2022-04-20
  The appellate court reversed a probate court order that allowed a judgment creditor to execute on an estate asset, overriding statutory claims priority. The court held that the judgment lien did not qualify for an exception to the priority statute, despite equitable consideration
• Aersale, Inc. v. Total AIR Servs., Inc.
  Fla. 3d DCA· 2022-04-20
  Aersale Inc. and Aersale 25417 LLC appealed a trial court's summary judgment upholding statutory fuel liens placed by Total Air Services, Inc. on two aircraft for unpaid fuel charges in 2017. The appellate court affirmed, holding that a statutory fuel lien under Florida Statute s
• Murph v. GTE Fed. Credit Union
  M.D. Fla.· 2020-11-29
  The court held that the plaintiff failed to state a claim under the Electronic Fund Transfers Act (EFTA) and the Florida Consumer Collection Practices Act (FCCPA) because the defendant credit union had a superior statutory lien to collect a debt. The court granted the motion to d
• Duck DOG, L.C. & Harrison, Hendrickson & Kirkland, P.A. v. Brownstar Props., LLC
  990 So. 2d 525· Fla. 2d DCA· 2008-02-15
  Duck Dog appeals a summary judgment requiring it to forfeit a $175,000 deposit for refusing to close on the purchase of real property encumbered by a $1.9 million special assessment lien. The court reversed, finding the contract was ambiguous regarding which party bore responsibi
• Md. Sound Indus., Inc. v. Simmons
  845 So. 2d 922· Fla. 4th DCA· 2003-04-09
  The court reversed a trial court's equitable distribution order that excluded $100,000 in non-economic damages from a workers' compensation insurer's lien calculation. The Fourth District held that under Maryland law, an insurer's subrogation lien attaches to the entire settlemen
• United States v. Kiester
  1997 U.S. Dist. LEXIS 18515· M.D. Fla.· 1997-11-12
  The bankruptcy court did not err in denying the IRS participation in asset distribution because it failed to file a motion to value collateral as required by law, and the order was not an improper ex parte preparation.
• Watrous v. State
  696 So. 2d 839· Fla. 2d DCA· 1997-03-21
  Florida appellate court remanded for a hearing on attorney's fees lien because trial court failed to give defendant opportunity to object to the fee amount before imposing the lien, though no ability-to-pay determination was required.