Warehouseman'S Lien

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

• Melara v. Kennedy
  541 F.2d 802· 9th Cir.· 1976-08-02 ·cited 27×
  The court held that a warehouseman's extra-judicial sale of stored goods to enforce a lien under California Commercial Code § 7210 does not constitute state action, and therefore does not violate the owner's due process rights under 42 U.S.C. § 1983.
• Bradley v. ST. Louis Terminal Warehouse Co.
  189 F.2d 818· 8th Cir.· 1951-05-29 ·cited 23×
  A bankruptcy court cannot summarily seize property held under a substantial adverse claim of right, and a plenary action in district court is permissible to determine such claims.
• In re Whitcomb & Keller Mortg. Co., Inc. v. Whitcomb & Keller Mortg. Co., Inc.
  715 F.2d 375· 7th Cir.· 1983-08-26 ·cited 15×
  The court held that a debtor in possession is entitled to a reasonable time to assume or reject an executory contract, and an injunction to maintain the status quo during this period does not constitute assumption.
• Brooks v. Flagg Bros., Inc.
  553 F.2d 764· 2d Cir.· 1977-04-07 ·cited 15×
  The adoption of New York Uniform Commercial Code sections 7-209 and 7-210, which grant warehousemen a lien and power of sale, does not constitute state action for purposes of the Fourteenth Amendment.
• Dade Nat'l Bank OF Miami v. Univ. Transfer & Storage, Inc.
  151 So. 2d 868· Fla. 3d DCA· 1963-04-16 ·cited 12×
  Dade National Bank appeals a replevin judgment awarding a piano to a warehouseman despite the bank's superior title under an unrecorded conditional sales contract. The court holds that a conditional vendor's interest in personal property is superior to a subsequent warehouseman's
• Lawrence Warehouse Co. v. McKEE
  301 F.2d 4· 5th Cir.· 1962-04-04 ·cited 10×
  The court held that the appellant failed to prove the commodities were properly deposited with the warehouseman, thus precluding the statutory lien.
• Archive Am., Inc. v. Variety Child's. Hosp.
  873 So. 2d 359· Fla. 3d DCA· 2004-03-24 ·cited 6×
  Archive America, a warehouseman holding medical records belonging to Miami Children's Hospital, claimed a possessory lien for unpaid warehousing charges. The court affirmed the trial judge's order conditioning release of the records on the hospital posting a bond of $446,290.89—l
• The First Nat'l Bank OF Miami v. First Bonded Warehouse
  174 So. 2d 606· Fla. 3d DCA· 1965-04-20 ·cited 6×
  First National Bank of Miami appealed a summary judgment granting it possession of property subject to a retain title contract held by First Bonded Warehouse, but denying the Bank a judgment for the value of the property. The court affirmed, holding that under Florida's alternati
• Richwagen v. Lilienthal
  386 So. 2d 247· Fla. 4th DCA· 1980-07-02 ·cited 4×
  Richwagen appeals a replevin judgment denying him possession of a boat sold by a marina to Lilienthal. The court reverses, holding that the marina lacked a perfected warehouseman's lien because no warehouse receipt was issued, and therefore could not convey good title to Lilienth
• COX Bakeries OF N.D., Inc. v. Timm Moving & Storage, Inc.
  554 F.2d 356· 8th Cir.· 1977-05-12 ·cited 4×
  A state statute allowing a warehouseman to sell stored goods to satisfy a disputed debt without a prior hearing violates the Due Process Clause of the Fourteenth Amendment.
• Douglas-Guardian Warehouse Corp. v. Ramy Seed Co.
  271 F.2d 24· 8th Cir.· 1959-10-12 ·cited 4×
  The court held that in an interpleader action concerning specific property, the plaintiff is not required to post a bond for the full amount of all claims against it, only to deposit the property in dispute.
• United States v. Edgerton & Sons, Inc.
  178 F.2d 763· 2d Cir.· 1949-12-28 ·cited 4×
  A government-owned corporation can subject its property to a warehouseman's lien if its charter grants such power, and disputed facts regarding authority require trial.
• Jimani Corp. v. S.L.T. Warehouse Co.
  409 So. 2d 496· Fla. 1st DCA· 1982-01-05 ·cited 3×
  This case involves competing claims to prefabricated bathroom modules stored in a field warehouse. The court clarifies the rights of sellers to stop delivery, the validity of warehouseman's liens, the requirements for field warehousing, and the enforceability of security interest
• Wooten v. Carrollton Acceptance Co.
  103 Fla. 237· Fla.· 1931-10-21 ·cited 3×
  Carrollton Acceptance Company appealed a directed verdict in a replevin action brought by T.W. Wooten to recover five trucks. The Florida Supreme Court reversed, holding that a warehouseman's lien for storage and labor should have been submitted to the jury rather than decided by
• Harbor View Marine Corp. v. Braudy. In re Pearl Fisheries, Inc.
  189 F.2d 481· 1st Cir.· 1951-04-30 ·cited 2×
  A warehouseman's statutory lien under the Uniform Warehouse Receipts Act is a general lien, enforceable against all goods of the debtor for all lawful charges, unless expressly limited by contract.
• In re Tinkoff. Tinkoff v. Gold
  123 F.2d 528· 7th Cir.· 1941-10-27 ·cited 2×
  The bankruptcy court had the power to vacate its prior restraining order and allow the warehouseman to proceed with the sale of chattels for unpaid storage charges.
• 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
• ShipJoy, LLC v. Sves, LLC
  Fla. 3d DCA· 2026-05-13
  Damages under § 60.07, Florida Statutes, are unrecoverable when a temporary injunction is dissolved without an injunction bond, unless the bond was dispensed with pursuant to Rule 1.610(b) (applicable only to government entities) or the injunction was obtained maliciously or in b
• In & for New Castle Cnty. Delphi Petroleum
  Del. Super. Ct.· 2015-06-23
  The Court granted Magellan's motion to dismiss Count III for fraudulent concealment, finding Delphi failed to plead intent to induce action or reliance. The Court denied dismissal of Count IV (fraudulent billing) as premature due to a dispute over the statute of limitations and t
• United Van Lines, LLC v. Guillory
  1996 WL 363355· M.D. Fla.· 2005-07-14
  The court held that defendants failed to meet the requirements for relief from a default judgment, specifically lacking a meritorious defense, showing prejudice to the plaintiffs, or providing a good reason for their delay.
• Bernier v. Broward Marine, Inc.
  504 So. 2d 1379· Fla. 4th DCA· 1987-04-08
  Bernier appealed after a judgment in favor of Broward Marine on conversion claims involving a vessel and personal property. The court affirmed that the vessel was a "dead vessel" not subject to federal preemption, but reversed the directed verdict on other issues and remanded, fi
• In re Quaker City Cold Storage Co. Jerpe Comm'n Co., Inc. v. Kendall
  138 F.2d 566· 3d Cir.· 1943-10-27
  The court held that the warehouse receipts were subject to the warehouseman's advances, and the claimant was obligated to pay those advances before taking possession of the goods.
• Century INS. Co. v. First Nat. Bank of Hughes Springs
  133 F.2d 789· 5th Cir.· 1943-02-17
  The court held that the insurer's use of interpleader as a defense did not entitle it to recover costs, and interest continued to accrue on policies for which no payment or tender was made.