Ucc-1 Financing Statement

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

• Gilison v. Flagler Bank
  303 So. 3d 999· Fla. 4th DCA· 2020-08-26 ·cited 29×
  Plaintiffs appealed the dismissal of their claims for aiding and abetting fraud and conspiracy to commit fraud against Flagler Bank arising from loans made to a luxury car company that engaged in fraudulent floor plan financing. The court reversed the dismissal, holding that the
• In re Howard's Appliance Corp. v. Howard's Appliance Corp.
  874 F.2d 88· 2d Cir.· 1989-04-25 ·cited 10×
  The court held that a constructive trust imposed under New Jersey law in favor of Sanyo grants Sanyo an interest in the collateral superior to that of the debtor-in-possession, notwithstanding the debtor's strong-arm powers under Section 544.
• Advance Process Supply Co. v. Litton Indus. Credit Corp.
  745 F.2d 1076· 7th Cir.· 1984-09-27 ·cited 6×
  A seller/guarantor who warrants proper filing remains liable for a creditor's negligent filing, as the warranty overrides any claim of impaired collateral.
• Crown Gen. Stores, Inc. v. Ultra Meat Mkt., Inc.
  843 So. 2d 287· Fla. 3d DCA· 2003-02-19 ·cited 5×
  Crown General Stores appeals a judgment in favor of Ultra Meat Market regarding non-payment of a leasehold mortgage obligation. The court reversed, holding that Ultra was not a bona fide purchaser without notice because it had implied actual notice of Crown's pre-existing interes
• Bradley Factor, Inc. v. United States
  86 F. Supp. 2d 1140· M.D. Fla.· 2000-02-08 ·cited 5×
  The court held that the economic loss rule does not bar the plaintiff's fraud in the inducement claim because it is an independent tort, and that the defendant breached its warranty as a matter of law.
• 4100 5th Ave. Corp. v. PHL/Millwork Div., Inc.
  722 So. 2d 218· Fla. 2d DCA· 1998-10-21 ·cited 5×
  The court held that the trial court erred in granting judgment on the pleadings because there were remaining issues of fact regarding the proper filing of a financing statement and Redstone's knowledge thereof.
• Lefkowitz v. Quality Labor Mgmt., LLC
  159 So. 3d 147· Fla. 5th DCA· 2014-11-14 ·cited 4×
  The court held that the trial court abused its discretion in denying a post-judgment motion to intervene, as the ends of justice required allowing the intervenor to defend his interest in collateral.
• In re T.H. Richards Processing Co. v. Bank OF Cal.
  910 F.2d 639· 9th Cir.· 1990-08-08 ·cited 4×
  The court held that agreeing to a deferred payment plan does not automatically release a producer's lien under California law, and that marshaling of liens was inapplicable because both parties had interests in both sets of inventory.
• In re Flo-Lizer, Inc. v. Flo-Lizer, Inc.
  946 F.2d 1237· 6th Cir.· 1991-10-21 ·cited 3×
  The court held that property not belonging to the debtor cannot be included in the debtor's estate, even if the debtor misrepresented ownership.
• Georgia-Pacific Corp. v. Walter E. Heller & Co. Se., Inc.
  440 So. 2d 666· Fla. 1st DCA· 1983-11-18 ·cited 3×
  Georgia-Pacific appealed a judgment requiring it to pay Walter E. Heller & Company (Heller) $11,321 plus interest for conversion of consigned paper products. The court held that Georgia-Pacific's consignment of goods to Bill Amos Brokerage constituted a 'sale or return' transacti
• Ruth P. LAW v. Benjamin F. LAW
  299 So. 3d 505· Fla. 3d DCA· 2020-03-04 ·cited 2×
  This case involves a dispute over a "hold harmless" provision in a mediated settlement agreement (MSA) incorporated into a divorce judgment. The appellate court reversed the trial court's denial of a wife's motion for indemnification, finding that the husband was obligated to cov
• Picker Fin. Grp. L.L.C. v. Horizon Bank
  293 B.R. 253· M.D. Fla.· 2003-05-12 ·cited 2×
  A lender who fails to review a UCC-1 search showing an intervening lien is not entitled to equitable subrogation, as Florida law, particularly Boley v. Daniel, still considers constructive notice a bar.
• In re White v. White
  908 F.2d 691· 11th Cir.· 1990-07-19 ·cited 2×
  The court held that the district court erred in dismissing the appeal as untimely and in finding the creditor's lien invalid, remanding for reconsideration of the creditor's secured status.
• Aeronautics & Astronautics Servs. v. First Palm Beach Int'l Bank
  471 So. 2d 188· Fla. 3d DCA· 1985-06-18 ·cited 2×
  In this interpleader action, the Third District Court of Appeal reversed summary judgment for First Palm Beach Bank in a dispute over $50,000 in cash proceeds from Aerotal's account. The court held that while the bank had a perfected security interest in specified accounts receiv
• Rayfield Inv. Co. v. Kreps
  35 So. 3d 63· Fla. 4th DCA· 2010-05-05 ·cited 1×
  Rayfield Investment Company, a lender with a perfected security interest in a gallery's inventory, sued to foreclose after the gallery defaulted. A consignor intervened claiming a painting he placed on consignment, but the Florida appellate court reversed the trial court's judgme
• Decker v. United States
  837 F. Supp. 1148· M.D. Fla.· 1993-11-10 ·cited 1×
  The court held that petitioners failed to prove by a preponderance of the evidence that they held a superior legal interest in the forfeited properties or that they were bona fide purchasers without cause to believe the property was subject to forfeiture.
• In re Concrete Pumping Serv., Inc. v. King Constr. Co., Inc.
  943 F.2d 627· 6th Cir.· 1991-09-03 ·cited 1×
  The court held that a debtor's failure to pay 100% of its debts to 100% of its creditors is sufficient to establish that the debtor is generally not paying its debts as they become due, even if there is only one creditor.
• Drip Cap. Inc. v. Elite Catch Seafood, LLC
  S.D. Fla.· 2022-07-05
  The court held that the defendants' motion to dismiss lacked merit on all grounds, including standing, venue, subject-matter jurisdiction, failure to state a claim, and joinder.
• Nodus Int'l Bank, Inc. v. Arocha-Hernandez
  S.D. Fla.· 2021-01-05
  The court held that the plaintiff adequately pleaded standing to enforce the promissory note and security interest, but failed to adequately plead fraud based on future promises.
• Official Comm.
  Del.· 2014-10-17
  The Delaware Uniform Commercial Code (UCC) requires only that a secured party authorize the filing of a termination statement for it to be effective. It is not necessary for the secured party to subjectively intend to terminate the specific security interest listed on the stateme
• Stoumbos v. Whitesides
  988 F.2d 949· 9th Cir.· 1993-03-09
  The court held that Kilimnik's security interest was limited to assets owned on May 1, 1982, except for after-acquired inventory securing working capital advances, and that his transfer of vehicles and withdrawal from the LAMA were improper.
• Blosam Contractors, Inc. v. Luycx
  535 So. 2d 352· Fla. 1st DCA· 1988-12-21
  This case concerns the priority between a prior perfected security interest in a partnership interest and a subsequent charging lien on that same interest.
• Credit Alliance Corp. v. Jebco Coal Co., Inc.
  688 F.2d 10· 3d Cir.· 1982-08-31
  A filed financing statement, even without an express provision for future advances, perfects a security interest for those future advances as long as the statement itself remains perfected.