Statutory Lien

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

• Dallas v. S.A.G., Inc.
  836 F.2d 1307· 11th Cir.· 1988-02-02
  The court held that the bankruptcy court improperly placed the burden of proof on Dallas and that Owen possessed a contractual lien, not merely a statutory one. The district court's decision to affirm the bankruptcy court's rulings is reversed.
• In re Rama Carson Stanford and Gene Ramon Stanford v. Butler
  826 F.2d 353· 5th Cir.· 1987-09-02
  Texas ad valorem tax liens on real property are statutory liens for purposes of the Bankruptcy Code's secured claim provisions, and are thus secured claims.
• In re WWG Indus., Inc. v. United Textiles, Inc.
  772 F.2d 810· 11th Cir.· 1985-09-30
  A mechanic's lien, properly perfected under state law, is superior to the rights of a debtor-in-possession even if the lien is perfected after the bankruptcy petition is filed, provided the perfection relates back to a time before the petition.
• Richard P. Smith et ux. v. Venus Condo. Ass'n, Inc.
  352 So. 2d 1169· Fla.· 1977-10-31
  The Florida Supreme Court resolved conflicting District Court decisions regarding when a judgment lien attaches to real property under Section 55.10, Florida Statutes. The Court held that the 1972 amendment to Section 55.10 requires recording a certified copy of the judgment in t
• 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
• Bahia MAR Caterers, Inc. v. City OF Fort Lauderdale
  85 So. 2d 591· Fla.· 1956-01-06
  Bahia Mar Caterers appealed a partial summary final decree regarding a statutory lien on its property for unpaid rental. The Florida Supreme Court dismissed the appeal as moot after learning the disputed rent would be paid from bankruptcy assets, without deciding the underlying c
• Am. Sur. Co. of N.Y. v. Johnson
  214 F.2d 900· 6th Cir.· 1954-07-23
  The court held that the statutory lien on a criminal's estate from the time of arrest is superior to a subsequent assignment of property to an attorney.
• Blue Ridge Lumber Prods., Inc. v. Nelson. In re Abbott Lumber Co., Inc.
  213 F.2d 451· 2d Cir.· 1954-06-04
  The bankruptcy court had summary jurisdiction to determine the validity of the appellant's lien, and its holding that the lien was invalid was correct.
• Gordon v. Sullivan
  188 F.2d 980· D.C. Cir.· 1951-01-18
  A garage keeper's statutory lien is not extinguished by a temporary loss of possession, and reacquired lawful possession revives the remedy to enforce the lien.
• Newark Slip Contracting Co., Inc. v. N.Y. Credit Men's Adjustment Bureau, Inc.
  186 F.2d 152· 2d Cir.· 1951-01-04
  The court held that the appellant, Newark, did not possess a common law or statutory lien on the bankrupt's goods because the contract provided for credit, and Newark did not qualify as a statutory 'processor'.
• City of Eufaula v. Meyer
  169 F.2d 463· 10th Cir.· 1948-08-06
  The court held that Oklahoma law treats a municipality's acquisition of property for public use, regardless of the method (deed, gift, or informal taking), as equivalent to condemnation for the purpose of determining the owner's monetary rights.
• White v. Karl Kiefer Mach. Co.
  127 F.2d 119· 8th Cir.· 1942-04-10
  A seller's lien under a Missouri conditional sales contract, recognized by state law, is valid against a bankruptcy trustee even if perfected within four months of bankruptcy.
• Gertrude v. Durrance
  124 Fla. 468· Fla.· 1936-06-08
  A married woman contracted with a corporation to manage her citrus grove under an agreement that explicitly limited the company's lien to the fruit proceeds and waived any statutory lien on the real property itself. When the woman sued to terminate the agreement due to breach, th
• Spinney v. Sanford-Orlando Kennel Club, Inc.
  123 Fla. 113· Fla.· 1936-02-28
  A materialman seeks to enforce a lien against a kennel club for supplies furnished to repair its race track facilities. The Florida Supreme Court reversed the dismissal, holding that the materialman established sufficient privity with the corporation through its authorized agent,
• In re the Est. of Walter N. Helveston
  96 Fla. 609· Fla.· 1928-11-28
  Hobbs sought payment from the receiver of an absentee's estate for labor and materials provided in constructing a dwelling house, claiming a statutory lien against the property. The trial court disallowed his claim, but the Florida Supreme Court reversed, finding that Hobbs had t
• Heller v. Zambetti
  94 Fla. 950· Fla.· 1927-11-21
  The Florida Supreme Court affirmed a decree enforcing a mechanic's lien against C. H. Heller for construction work performed on his house. The central dispute was whether two promissory notes executed by Heller constituted full settlement of the contract balance or were condition
• Parshley v. Goodbread
  59 Fla. 343· Fla.· 1910-01-01
  In this contract dispute, the Florida Supreme Court affirmed a judgment for a contractor who sued on common counts for work performed in constructing a building, rejecting the defendant owner's argument that the contractor's failure to provide a list of sub-contractors and materi
• Scott v. Hempel
  33 Fla. 313· Fla.· 1894-01-01
  A material-man sought to enforce a statutory lien against a property owner for lumber supplied to a building contractor. The core issue was whether written notice to the owner was required under Florida's 1885 lien statute, after the owner had settled with the contractor based on