Ucc-1 Filing

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

• Advance Fin. Corp. v. Isla Rica Sales, Inc.
  747 F.2d 21· 1st Cir.· 1984-10-24 ·cited 27×
  The court held that Advance Financial Corp. (AFC) had a superior, perfected security interest in the accounts receivable from Isla Rica Sales, Inc. (Isla) because AFC properly perfected its lien under Georgia law, and Isla had notice of the assignment.
• Interfirst Bank OF Abilene, N.A. v. Lull Mfg.
  778 F.2d 228· 5th Cir.· 1985-12-12 ·cited 8×
  A bank's perfected security interest in a buyer's after-acquired property attaches to goods upon delivery, even if the buyer defaults on payment, and is superior to an unperfected seller's interest.
• TKO Equip. Co. v. C & G Coal Co., Inc.
  863 F.2d 541· 7th Cir.· 1988-11-29 ·cited 7×
  A party cannot attack its own characterization of a transaction as a lease after signing documents disclaiming a security interest, especially to the detriment of a third party who relied on those documents.
• Leamon and Nellie Jean Chadwick v. Corbin
  476 So. 2d 1366· Fla. 1st DCA· 1985-10-18 ·cited 7×
  The Chadwicks sued their attorney Bill Corbin for negligence in preparing business sale documentation, alleging he failed to file a security interest with the Florida Secretary of State. The trial court directed a verdict for the Chadwicks on the malpractice issue and the jury aw
• 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
• Cmty. Bank OF Homestead v. Barnett Bank OF THE Keys
  518 So. 2d 928· Fla. 3d DCA· 1987-12-15 ·cited 6×
  The court held that the determination of whether a modular home affixed to realty becomes a fixture is a question of fact, not a matter of law, and that the trial court erred in ruling summarily.
• Robie v. Port Douglas (Florida), Inc.
  662 So. 2d 1389· Fla. 4th DCA· 1995-11-29 ·cited 4×
  A landlord's statutory lien on a tenant's equipment is not superior to a prior perfected chattel mortgage if the original lease is terminated and a new lease is entered into before any default, as the lien's superiority does not extend beyond the original lease term.
• Kelly Tractor Co. v. R.J. Canfield Contracting, Inc.
  579 So. 2d 261· Fla. 4th DCA· 1991-05-02 ·cited 3×
  Kelly Tractor appealed a judgment awarding $53,585 to lessees R.J. Canfield Contracting and R.J. Canfield for conversion and breach of good faith after Kelly Tractor replevied a front-end wheel loader without notice. The Fourth District Court of Appeal reversed, holding that Kell
• Beach Cmty. Bank v. Disposal Servs., LLC
  199 So. 3d 1132· Fla. 1st DCA· 2016-09-21 ·cited 1×
  Beach Community Bank appealed a summary judgment dismissing its conversion claim against Disposal Services, LLC over secured containers. The trial court ruled conversion was unavailable because replevin (repossession) remained a viable remedy. The appellate court reversed, holdin
• Hayes Leasing Sys., Inc. v. The ICE House, Inc.
  506 So. 2d 1073· Fla. 2d DCA· 1987-04-10
  The court held that there was no sale of equipment from the Ice House to Hayes, and therefore no warranty of title could have been breached.
• In re Celeryvale Transp., Inc. v. M.W. Kellogg Co., Inc.
  822 F.2d 16· 6th Cir.· 1987-02-27
  The court held that the equipment lease was a true lease, not a lease intended for security, because the purchase option was for fair market value and not nominal, and the lessee was not obligated to purchase.