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Florida Statute 55.10 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 55
JUDGMENTS
View Entire Chapter
55.10 Judgments, orders, and decrees; lien of all, generally; extension of liens; transfer of liens to other security.
(1) A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of such judgment, order, or decree or a separate affidavit is recorded simultaneously with the judgment, order, or decree stating the address of the person who has a lien as a result of such judgment, order, or decree. A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree. If the certified copy was first recorded in a county in accordance with this subsection between July 1, 1987, and June 30, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 7 years from the date of the recording. If the certified copy is first recorded in accordance with this subsection on or after July 1, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 10 years from the date of the recording.
(2) The lien provided for in subsection (1) or an extension of that lien as provided by this subsection may be extended for an additional period of 10 years, subject to the limitation in subsection (3), by rerecording a certified copy of the judgment, order, or decree prior to the expiration of the lien or the expiration of the extended lien and by simultaneously recording an affidavit with the current address of the person who has a lien as a result of the judgment, order, or decree. The extension shall be effective from the date the certified copy of the judgment, order, or decree is rerecorded. The lien or extended lien will not be extended unless the affidavit with the current address is simultaneously recorded.
(3) In no event shall the lien upon real property created by this section be extended beyond the period provided for in s. 55.081 or beyond the point at which the lien is satisfied, whichever occurs first.
(4) This act shall apply to all judgments, orders, and decrees of record which constitute a lien on real property; except that any judgment, order, or decree recorded prior to July 1, 1987, shall remain a lien on real property until the period provided for in s. 55.081 expires or until the lien is satisfied, whichever occurs first.
(5) Any lien claimed under this section may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, from such real property to other security by either depositing in the clerk’s office a sum of money or filing in the clerk’s office a bond executed as surety by a surety insurer licensed to do business in this state. Such deposit or bond shall be in an amount equal to the amount demanded in such claim of lien plus interest thereon at the legal rate for 3 years plus $500 to apply on any court costs which may be taxed in any proceeding to enforce said lien. Such deposit or bond shall be conditioned to pay any judgment, order, or decree which may be rendered for the satisfaction of the lien for which such claim of lien was recorded and costs plus $500 for court costs. Upon such deposit being made or such bond being filed, the clerk shall make and record a certificate showing the transfer of the lien from the real property to the security and mail a copy thereof by registered or certified mail to the lienor named in the claim of lien so transferred, at the address stated therein. Upon the filing of the certificate of transfer, the real property shall thereupon be released from the lien claimed, and such lien shall be transferred to said security. The clerk shall be entitled to a service charge of up to $15 for making and serving the certificate. If the transaction involves the transfer of multiple liens, an additional service charge of up to $7.50 for each additional lien shall be charged. Any number of liens may be transferred to one such security.
(6) Any excess of the security over the aggregate amount of any judgments, orders, or decrees rendered, plus costs actually taxed, shall be repaid to the party filing the security or his or her successor in interest. Any deposit of money shall be considered as paid into court and shall be subject to the provisions of law relative to payments of money into court and the disposition of these payments.
(7) Any party having an interest in such security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in chancery in the circuit court of the county where such security is deposited for an order:
(a) To require additional security;
(b) To require reduction of security;
(c) To require change or substitution of sureties;
(d) To require payment or discharge thereof; or
(e) Relating to any other matter affecting said security.
History.s. 1, ch. 10166, 1925; s. 1, ch. 14749, 1931; ss. 1-3, ch. 17998, 1937; s. 2, ch. 19270, 1939; CGL 1940 Supp. 4865(3); s. 9, ch. 67-254; s. 1, ch. 71-56; s. 1, ch. 77-462; s. 2, ch. 87-67; s. 7, ch. 87-145; s. 12, ch. 91-45; s. 10, ch. 93-250; s. 15, ch. 94-348; s. 1357, ch. 95-147; s. 7, ch. 2000-258; s. 1, ch. 2001-130; s. 68, ch. 2003-402; s. 47, ch. 2004-265.

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Amendments to 55.10


Annotations, Discussions, Cases:

Cases Citing Statute 55.10

Total Results: 102  |  Sort by: Relevance  |  Newest First

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Burshan v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa., 805 So. 2d 835 (Fla. 4th DCA 2001).

Cited 24 times | Published | Florida 4th District Court of Appeal | 2001 WL 883234

...The judge concluded that the federal district court had erred in its 1999 dismissal of the garnishment proceeding. I. After its registration in the Southern District of Florida, the New York federal court judgment was subject to Florida state law regarding final process, such as execution and garnishment. Under section 55.10, Florida Statutes (2000), a judgment becomes a lien on real property in a county when a certified copy of it is recorded in the public records of that county. [1] A judgment so recorded "shall be a lien for a period of 7 years from the date of the recording." § 55.10(1), Fla. Stat. (2000). The judgment lien may be extended for a 10 year period by rerecording *839 it pursuant to section 55.10(2). [2] No section 55.10 judgment lien may extend "beyond the period provided for in" section 55.081, which is "20 years from the date of the entry of such judgment, order, or decree." §§ 55.10(3), 55.081, Fla....
...255, 257-58 (S.D.Fla.1942) (containing a detailed discussion of the development of the law in this area). The Florida Supreme Court has described Spurway as an "able opinion order." B.A. Lott, Inc. v. Padgett, 153 Fla. 304, 14 So.2d 667, 669 (1943). [2] Chapter 2000-258, § 7, at 6-8, Laws of Florida, rewrote section 55.10. The prior version of the statute allowed the extension of a judgment lien for two additional seven year periods by rerecording, subject to the limitation that no lien created by section 55.10 could extend "beyond the period provided for in s. 55.081." § 55.10(4), Fla. Stat. (1999); see § 55.10(2)-(3), Fla....
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In Re Sillani, 9 B.R. 188 (Bankr. S.D. Fla. 1981).

Cited 22 times | Published | United States Bankruptcy Court, S.D. Florida. | 3 Collier Bankr. Cas. 2d 883, 1981 Bankr. LEXIS 4886

...A certified copy of that judgment was recorded in Broward County on January 10, 1978. Since 1978, a certified copy of a judgment, whether state or federal, must be recorded in the county to effect a judgment lien against property within that county, whether it be the forum county or not. § 55.10, Florida Statutes; Smith v....
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Kiesel v. Graham, 388 So. 2d 594 (Fla. 1st DCA 1980).

Cited 21 times | Published | Florida 1st District Court of Appeal

...all apply only if the law of such State authorizes the judgment of a court of the United States to be registered, recorded, docketed, indexed or otherwise conformed to rules and requirements relating to judgments of the courts of the State. [4] See, Section 55.10, Florida Statutes.
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Smith v. Am. Consum. Fin. Corp. (In Re Smith), 21 B.R. 345 (Bankr. M.D. Fla. 1982).

Cited 20 times | Published | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 3803

...n controlled by Florida law. In re Vero Cooling & Heating, Inc., 11 B.R. 359 (Bkrtcy., S.D.Fla.1981). Florida law provides that a judgment becomes a lien on real property when a certified copy of it is recorded in the official records of the county. § 55.10, Fla....
...However, the Florida Constitution provides in Article X, § 4(a) that no judgment, decree or execution shall be a lien on homestead property. The Third District Court of Appeal of Florida held in Bendl v. Bendl, 246 So.2d 574, 577 (Fla. 3d DCA 1971) that a certified copy of a judgment recorded in compliance with § 55.10, Fla.Stat....
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Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998).

Cited 18 times | Published | Florida 4th District Court of Appeal | 1998 WL 889810

...We grant Appellee, Ann Fostock's motion to correct, withdraw our previous opinion, and substitute the following opinion. The issue in this case is whether a final judgment becomes a lien on real estate when it contains the address of the plaintiff's attorney but not the address of the plaintiff. We hold that section 55.10(1), Florida Statutes (1997), requires that a final judgment contain the judgment holder's address to become a lien on real estate. An alternative method of creating such a lien is to record an affidavit in compliance with section 55.10(1)....
...The Fostocks sued for declaratory relief seeking a ruling that no liens had attached to the real property as a result of the recordation of Hott's judgments. The Fostocks and Sadriwallas filed motions for summary judgment, asserting that the judgments failed to comply with the requirements of section 55.10(1) for creating a lien on real property. *1238 The trial court granted the motions for summary judgment. The court ruled that while certified copies of the final judgments had been duly recorded in the official records of Broward County, the failure to comply with section 55.10(1) resulted in no liens attaching to any real property. Section 55.10(1), Florida Statutes (1997), provides that: A judgment, order, or decree becomes a lien on real estate in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is mai...
...rson who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree. (Emphasis supplied). We must construe section 55.10(1) "to give effect to the plain meaning of its words." Palm Beach County Health Care Dist....
...for resorting to the rules of statutory interpretation and construction; the statute must be given its plain and obvious meaning." Id. at 219 (quoting A.R. Douglass, Inc. v. McRainey, 102 Fla. 1141, 1144, 137 So. 157 (1931)). Because the wording of section 55.10(1) is not ambiguous, unreasonable, or illogical, we may not go beyond its clear wording and plain meaning to expand its reach....
...ion of legislative power. See Oruga Corp., Inc. v. AT & T Wireless of Florida, Inc., 712 So.2d 1141 (Fla. 3d DCA 1998). As if to insist on one interpretation, the statute in this case says the same thing in two different ways. In separate sentences, section 55.10(1) specifies that the address of a judgment creditor must be contained in the judgment or in a simultaneously recorded affidavit in order for the judgment to become a lien on real estate....
...1st DCA 1997), the first district dealt with a similar issue and reached a similar result. In Robinson, only the names of the judgment creditor's attorneys, not the attorneys' address, were included on a final judgment. Ruling that no lien on real estate had been created by such a judgment, the first district held that section 55.10(1) "unambiguously requires" that the judgment holder's address be contained in the judgment for it to become a lien on real estate. Hott also argues that section 55.10(1) is unconstitutional because forms contained *1239 at Florida Rules of Civil Procedure 1.990, 1.991, 1.993, 1.994, and 1.996 do not require the inclusion of a judgment creditor's name and address....
...V, § 2(a), Fla. Const. We reject this argument for two reasons. First, the forms at issue do not conflict with the statutes; they concern only the body of the judgment, without any reference to the addresses which a judgment must contain. More importantly, in section 55.10(1), the requirement that a judgment holder's address be included in a judgment to become a lien on real property is a matter of substantive law, which is properly within the power of the legislature....
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Burch v. Burch (In Re Burch), 100 B.R. 585 (Bankr. M.D. Fla. 1989).

Cited 15 times | Published | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 839

...how this particular claim of the ex-spouse will be handled in this Chapter 11 case. A quick review of the file indicates the final judgment of dissolution has been recorded and therefore would be a lien on all real property of the Debtor. Fla.Stat. § 55.10; Steinbrecher v....
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Smith v. Venus Condo. Ass'n, Inc., 352 So. 2d 1169 (Fla. 1977).

Cited 13 times | Published | Supreme Court of Florida

...The District Court of Appeal in Meadows Development Co. v. Ihle, 345 So.2d 769 (Fla. 1st DCA 1977), held that the filing and recording in the county's official records of either the original final judgment, or a certified copy of that judgment, was sufficient under Section 55.10, Florida Statutes (1969), to create a judgment lien on land owned by the judgment debtor in the forum county. In Smith v. Venus Condominium Ass'n, Inc., 343 So.2d 1284 (Fla. 1st DCA 1977), the District Court held that this same statute as amended in Section 55.10, Florida Statutes (1975), still permits a judgment lien to be created by the recordation in the county's official records of either the original judgment or a certified copy of that judgment. These decisions conflict with the decision in Dade Federal Savings and Loan Ass'n v. Miami Title and Abstract Division, 217 So.2d 873 (Fla. 3rd DCA 1969), which held that under Section 55.10 as amended in 1967, a judgment lien against property was created only after a certified copy of the final judgment was recorded in the county's official records....
...We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution. We approve of the reasoning in Meadows Development Co., supra, and affirm that decision. Since the holding in Dade Federal is to the contrary, that decision is overruled. However, we further determine that Section 55.10, Florida Statutes (1975), as presently written requires the recordation of a certified copy of the final judgment in the county's official records before a valid judgment lien can be created....
...btor. Judgment liens on land are statutory liens and their existence depends upon the legal effect of the statute *1171 by which they are created. See Protective Holding Corp. v. Cornwall Co., 127 Fla. 252, 173 So. 804, 812 (1937). From 1939 to 1967 Section 55.10 provided that: No judgment or decree hereafter rendered by the Circuit Courts or any other courts of this state shall be or become a lien on real estate until a certified transcript of said judgment or decree is recorded in the judgment lien record as provided by § 28.21 subsection (11) of these statutes. Upon being so recorded said judgment or decree shall become a lien on the real estate of the defendant only in the county where the same is recorded in the manner provided by said § 28.21. Section 55.10, Fla. Stat. (1965). (emphasis added) As the result of amendment in 1967, Section 55.10, Florida Statutes, (1967) and (1969) provided: Judgments and decrees become a lien on real estate in the county where rendered when the judgment of decree is recorded in the proper record of such county and in other counties when a certified copy thereof is recorded in the proper record of other counties....
...strict, regardless of county lines and regardless of county recordation of any kind. Because of the adverse effect such a situation might create with regard to land title searches in this state, the District Court of Appeal in Dade Federal construed Section 55.10, Florida Statutes (1967), in a manner contrary to the plain language of that statute, so as to prevent loss of benefits in the Federal Conformity Act....
..., whether rendered in state or federal courts, even though this procedure might require some duplication if the state judgment was rendered in the same county in which the debtors property is located. We hold that respondent Ihle complied fully with Section 55.10 as it was amended and existed in 1970, by recording the judgment in the official records of the county in which the debtor's property was located, and thus affirm the decision upholding the validity of his judgment lien....
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In Re Lee, 223 B.R. 594 (Bankr. M.D. Fla. 1998).

Cited 11 times | Published | United States Bankruptcy Court, M.D. Florida | 1998 Bankr. LEXIS 1016, 1998 WL 477317

...However, the Debtor did not register to vote in Lake County until March 1997 (Plt's Exh. 12) and kept his bank accounts with FBC in Hendry County until April 1997 (Plt's Exhs. 15-22). CONCLUSIONS OF LAW The Validity of the December 6, 1996 Judgment Lien Section 55.10, Fla.Stat., governs the validity of judgment liens placed on real property in Florida. Section 55.10(1), Fla.Stat., provides, in relevant part: (1) A judgment, order, or decree becomes a lien on real estate in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation....
...Absent an ambiguity, the statute's plain meaning prevails. See, e.g., Mike Smith Pontiac, GMC, Inc. v. Mercedes-Benz of North America, Inc., 32 F.3d 528, 532 (11th Cir.1994) cert. denied, 516 U.S. 1044, 116 S.Ct. 702, 133 L.Ed.2d 659 (1996). The plain language of § 55.10(1), Fla.Stat., requires a judgment creditor to provide its address along with a certified copy of the judgment for an effectual judgment lien to be fixed on real property....
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Matter of Romano, 51 B.R. 813 (Bankr. M.D. Fla. 1985).

Cited 11 times | Published | United States Bankruptcy Court, M.D. Florida | 1985 Bankr. LEXIS 5689

...eate a lien on the real properties involved in this controversy. Under Florida law the recordation of a certified copy of a final judgment imposes a lien on all real property owned by the judgment debtor in the county where the judgment is recorded. § 55.10 F.S....
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Zureikat v. Shaibani, 944 So. 2d 1019 (Fla. 5th DCA 2006).

Cited 10 times | Published | Florida 5th District Court of Appeal | 2006 WL 565907

...4th DCA 2001); see also HENRY P. TRAWICK, JR., FLORIDA PRACTICE AND PROCEDURE § 27-9 (2006) (describing proceedings supplementary *1023 to execution). The judgment here became a lien when Shaibani recorded a certified copy of the judgment with Orange County Public Records. See § 55.10(1); Michael v. Valley Trucking Co., Inc., 832 So.2d 213, 215 (Fla. 4th DCA 2002); Burshan at 838. Because the certified copy was first recorded after 1 July 1994, the judgment is a lien in Orange County for ten years following the recording date. § 55.10(1). Although the judgment lien may be extended upon rerecording, it may not extend beyond 20 years from the date of the judgment's entry. §§ 55.10(2), (3); 55.081; Michael, 832 So.2d at 217; Burshan, 805 So.2d at 839; Betaco, Inc....
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Michael v. Valley Trucking Co., Inc., 832 So. 2d 213 (Fla. 4th DCA 2002).

Cited 10 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 17762, 2002 WL 31696808

...ated as if it was a Florida judgment. § 55.503, Fla. Stat. (2000). A Florida judgment automatically becomes a lien on real property in a particular county when a certified copy of the judgment is recorded in the public records of that county. Under section 55.10, Florida Statutes, any judgment recorded shall be a lien for a period of seven years from the date of recording....
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Paterson v. Brafman, 530 So. 2d 499 (Fla. 3d DCA 1988).

Cited 9 times | Published | Florida 3rd District Court of Appeal | 1988 WL 91164

...ment that Florida conveyancing would be destroyed if an instrument like this were permitted to interfere with the chain of title, in the admitted absence of either a lis pendens or the filing of a certified copy which would have created a lien under section 55.10, Florida Statutes (1985)....
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Brinker v. Ludlow, 379 So. 2d 999 (Fla. 3d DCA 1980).

Cited 9 times | Published | Florida 3rd District Court of Appeal

...071-383 (December 3, 1971). [4] 1976 Op.Att'y Gen.Fla. 076-112 (May 18, 1976). [5] Black's Law Dictionary 51 (4th Ed.Rev. 1968). [6] Id. at 516. [7] Doctor Fisher was a defendant in the action before the medical mediation panel and in proceedings thereafter. [8] § 55.10, Fla....
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Dyer v. Beverly & Tittle, PA, 777 So. 2d 1055 (Fla. 4th DCA 2001).

Cited 8 times | Published | Florida 4th District Court of Appeal | 2001 WL 20750

...And for that reason I find that [appellee] [is] entitled to an equitable lien upon [Mr. Dyer's] property and is entitled to foreclose that equitable lien. [2] Appellants raise three points on appeal. First, they contend that the final judgments did not become liens on the home because appellee failed to comply with section 55.10(1), Florida Statutes (1997)....
...ory was neither pled nor tried by consent and there was insufficient evidence to support such a finding. Finally, appellants claim that the home was protected from foreclosure by virtue of the Florida homestead exemption. Appellants first argue that section 55.10(1), Florida Statutes, lists specific recording requirements that must be met before a judgment can mature into a lien and attach to the subject property. See Decubellis v. Ritchotte, 730 So.2d 723 (Fla. 5th DCA 1999). Section 55.10(1) states: A judgment, order, or decree becomes a lien on real estate in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordatio...
...son who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree. (Emphasis added). Appellee argues that section 55.10(1) applies to judgments awarding money damages but not to what it refers to as "judgment *1058 liens." In essence, appellee contends that where the wording of the judgment provides that the judgment shall be a lien on real property, the judgment itself creates the lien, and compliance with section 55.10(1) is not required to convert the judgment into a lien. While we find this argument persuasive, the cases interpreting section 55.10(1) do not permit this construction....
...Thereafter, the defendant and his wife conveyed the real property to another, then sued for declaratory relief seeking a ruling that no liens had attached to the real property as a result of the recordation of the judgments. We held that strict compliance with section 55.10(1) was required. We stated that: We must construe section 55.10(1) `to give effect to the plain meaning of its words.' Palm Beach County Health Care Dist. v. Everglades Mem'l Hosp., 658 So.2d 577, 580 (Fla. 4th DCA 1995) rev. denied, Everglades Mem'l Hosp. v. Palm Beach County Health Care Dist., 701 So.2d 867 (Fla.1997). * * * Because the wording of section 55.10(1) is not ambiguous, unreasonable, or illogical, we may not go beyond its clear wording and plain meaning to expand its reach. ... To do so would be to extend or modify the express terms of the statute, which would be an improper abrogation of legislative power.... Id. at 1238 [citations omitted, emphasis added]. In Hott we also concluded that the requirements of section 55.10(1) are substantive rather than procedural law: A statutory determination of what content is necessary for a judgment to become a lien on real property is a substantive law, because it creates the form of judgment that becomes a lien....
...ate of the debtor. Judgment liens on land are statutory liens and their existence depends upon the legal effect of the statute by which they are created. (Citations omitted)(emphasis supplied). Id. at 1239. Smith v. Venus Condominium also holds that section 55.10 "requires the recordation of a certified copy of the final judgment in the county's official records before a valid judgment lien can be created." Id....
...like and do not address judgments that expressly provide for a lien such as an equitable lien on real property. However, neither party has cited, nor have we discovered, cases which except judgments awarding equitable liens from the requirements of section 55.10(1). We therefore hold that the 1995 and 1997 judgments for attorneys fees and costs did not become liens on appellant's property, by reason of appellee's failure to comply with section 55.10(1), Florida Statutes....
...Specifically, the record does not show evidence of fraudulent or egregious misconduct by Mr. Dyer. Therefore, the trial court erred when it ordered the forced sale of Mr. Dyer's property to satisfy the judgment liens. Accordingly, because appellee both failed to comply with section 55.10(1) Florida Statutes (1997), and because it failed to establish an equitable exception to the *1060 homestead exemption, we reverse the amended final judgment of foreclosure and the forced sale of Mr....
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United States v. O'Callaghan, 805 F. Supp. 2d 1321 (M.D. Fla. 2011).

Cited 8 times | Published | District Court, M.D. Florida | 108 A.F.T.R.2d (RIA) 5600, 2011 U.S. Dist. LEXIS 86011, 2011 WL 3421491

...Acorn Enterprises, Inc., 931 F.Supp. 930, 939 (D.Mass. 1996). In Florida, a judgment "in and of itself" is not a lien on real property unless a judgment creditor records the judgment "in the official records or judgment lien record of [a] county." Fla. Stat. § 55.10(1)....
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Hinton v. Hinton (In Re Hinton), 378 B.R. 371 (Bankr. M.D. Fla. 2007).

Cited 7 times | Published | United States Bankruptcy Court, M.D. Florida | 21 Fla. L. Weekly Fed. B 40, 2007 Bankr. LEXIS 3537, 2007 WL 3051264

...Co., 805 So.2d 835, 843 (Fla. 4th DCA 2001); HENRY P. TRAWICK, JR., FLORIDA PRACTICE AND PROCEDURE § 27-9 (2006) (describing proceedings supplementary to execution)). Creditors may pursue collection on a judgment for up to 20 years after its entry. Pursuant to Section 55.10(1), if a certified copy of a judgment is recorded in Orange County Public Records, the judgment becomes a lien in Orange County for ten years following the recording date. A party may extend the duration of a judgment lien upon rerecording for up to 20 years from the date of the judgment's entry. Zureikat, 944 So.2d at 1022-1023 ( citing §§ 55.10(2), (3); 55.081; Michael v....
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Steinbrecher v. Cannon, 501 So. 2d 659 (Fla. 1st DCA 1987).

Cited 7 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 279

...rict Court of Appeal. The Florida Supreme Court quashed the appellate decision, holding that since Venus never recorded a certified copy of the judgment in the official records of the county where the property was located, the judgment lien statute [section 55.10, Florida Statutes (1976)] had not been complied with, and the recordation of the original judgment alone did not create a valid judgment lien....
...until the judgment on which it is based has been recorded," we find nothing to support appellant's contention that the rule purports to govern the method of acquisition of a lien on real property in contradiction to the plain wording of the statute, section 55.10 (Florida Statutes)....
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Albritton v. Gen. Portland Cement Co., 344 So. 2d 574 (Fla. 1977).

Cited 6 times | Published | Supreme Court of Florida | 1977 Fla. LEXIS 3893

...." *576 On May 22, 1967, General Portland Cement Company (Portland) obtained in Hillsborough County a judgment against Willard Albritton in the amount of $602.17. Two days later a certified copy of the judgment was filed with the Clerk of the Circuit Court of Lee County. By operation of Section 55.10, Florida Statutes (1965), the judgment then constituted a lien on real property owned by Albritton in Lee County [1] except, of course, to the extent of the homestead exemption mandated by Article X of the 1885 Florida Constitution then in effect....
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Hershey v. Linzer (In Re Hershey), 50 B.R. 329 (S.D. Fla. 1985).

Cited 6 times | Published | District Court, S.D. Florida | 1985 U.S. Dist. LEXIS 21182

...On February 10, 1982, appellee obtained a judgment against appellant in Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. On that day, appellee recorded a certified copy of said judgment in the Public Records of Broward County, Florida. Under § 55.10(1) Fla.Stat....
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Kilby v. Ilgen (In Re Kilby), 196 B.R. 627 (Bankr. M.D. Fla. 1996).

Cited 6 times | Published | United States Bankruptcy Court, M.D. Florida | 35 Collier Bankr. Cas. 2d 1511, 9 Fla. L. Weekly Fed. B 415, 1996 Bankr. LEXIS 633, 1996 WL 306687

...The Writ of Garnishment must be quashed as to Barnett Bank of Central Florida. The Court does note that pursuant to Fla. Stat. § 55.081, the judgment may still act as a lien on real or personal property for 20 years, subject to the judgment being recorded in Florida, and subject to the provisions of Fla.Stat. § 55.10....
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Bendl v. Bendl, 246 So. 2d 574 (Fla. 3d DCA 1971).

Cited 6 times | Published | Florida 3rd District Court of Appeal

...which existed in Charles but which ceased upon his death. Menendez v. Rodriguez, 106 Fla. 214, 143 So. 223 (1932). The judgment against Charles was recorded in Dade County, Florida after the property was concededly occupied by him as homestead. See § 55.10, Fla....
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In Re Cooper, 202 B.R. 319 (Bankr. M.D. Fla. 1995).

Cited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 1995 Bankr. LEXIS 2100, 1995 WL 902676

...The Motion for Relief from Automatic Stay filed by Gibson Group Ltd. of Pinellas County is denied. NOTES [1] In Florida, a judgment becomes a lien on real estate in a county when a certified copy of the judgment is recorded in the official records of the county. § 55.10, Florida Statutes....
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Ware v. Hui-Chun Mi (In Re Ware), 99 B.R. 103 (Bankr. M.D. Fla. 1989).

Cited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 659

...Defendants' final judgment against the Debtor was a judgment lien and attached to the Debtor's one-half (½) interest upon the recording of a certified copy of the judgment in Polk County, the county in which Sylvester Shores is located. Fla. Stat. § 55.10 (1987)....
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In Re Amendments to the Florida Rules of Civil Procedure, 44 So. 3d 555 (Fla. 2010).

Cited 5 times | Published | Supreme Court of Florida | 2010 WL 455295

...ncluded in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
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Sun Bank, N. A. v. Snell (In Re Cone), 11 B.R. 925 (Bankr. M.D. Fla. 1981).

Cited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 31 U.C.C. Rep. Serv. (West) 1744, 1981 Bankr. LEXIS 3511

...Florida law requires certified copies of both state court and United States District Court judgments to be recorded in the public records of any county in the state in which the judgment creditor wishes to obtain a lien upon the real property of the judgment debtor. Section 55.10, Florida Statutes....
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In Re Adell, 321 B.R. 573 (Bankr. M.D. Fla. 2005).

Cited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 2005 Bankr. LEXIS 147, 2005 WL 502824

...In re Willoughby, 212 B.R. 1011, 1014 (Bankr.M.D.Fla. 1997). In order to perfect a judgment lien on the property of the judgment debtor, that debtor, under the laws of the State of Florida, must fully comply with the requirements of Chapter 55, Fla. Stat. 55.10 CHAPTER 55. JUDGMENTS 55.10 Judgments, orders, and decrees; lien of all, generally; extension of liens; transfer of liens to other security (1) A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county. Fla. Stat. 55.10....
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Nat. Equip. Rental, Ltd. v. Coolidge B. & T. Co., 348 So. 2d 1236 (Fla. 2d DCA 1977).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 1977 Fla. App. LEXIS 16274

...erty when Laneau owned it and that the lien remains effective despite the new ownership because appellant was not a party to the first suit. The court entered a summary judgment quieting title to the property in the appellee. The appellant relies on Section 55.10, Florida Statutes (1975), which states: "55.10 Judgments; lien of all, generally Judgments and decrees become a lien on real estate in the county where rendered when the judgment or decree is recorded in the proper record of such county and in other counties when a certified copy thereof is...
...iling of a certified copy of a foreign judgment does not create a lien upon real property in the county in which it is filed. A lien is established only when the creditor establishes the foreign judgment as a Florida judgment. In effect, we construe Section 55.10 as referring only to Florida judgments....
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In Re Willoughby, 212 B.R. 1011 (Bankr. M.D. Fla. 1997).

Cited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 38 Collier Bankr. Cas. 2d 1192, 11 Fla. L. Weekly Fed. B 71, 1997 Bankr. LEXIS 1443, 1997 WL 566309

...he lien could not be avoided at all under the 1994 amendments. [5] A judgment becomes a lien on an interest in real property when a certified copy of the judgment is recorded in the public records of the county in which the real property is located. § 55.10, Fla.Stat....
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Farkus v. Florida Land Sales & Dev. Co., 915 So. 2d 688 (Fla. 5th DCA 2005).

Cited 4 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 17340, 2005 WL 2899482

...Florida Land filed an answer denying liability as well as a separate motion for summary judgment. The motion asserted that entry of summary judgment in favor of Florida Land was warranted based on the fact that the default judgment failed to comply with the terms of section 55.10(1) of the Florida Statutes (2003), which provides that a judgment does not become a lien on real property unless the address of the person who has the lien is contained in the judgment. The trial court granted the motion and entered summary judgment in favor of Florida Land. This appeal timely followed. Section 55.10(1) of the Florida Statutes provides that a judgment becomes a lien on real property when a certified copy of it is recorded in the official records "provided that the judgment ......
...contains the address of the person who has a lien as a result of such judgment ... or a separate *689 affidavit is recorded simultaneously with the judgment ... stating the address of the person who has a lien as a result of such judgment, order, or decree." § 55.10(1), Fla....
...s v. Ritchotte, 730 So.2d 723 (Fla. 5th DCA 1999)(holding that judgment against debtor never matured into a lien where creditor's address did not appear on judgment lien). In challenging the trial court's ruling, Farkus argues that the provisions of section 55.10(1) are not applicable in this case because the assignment documents contain her address. In the alternative, Farkus argues that by placing her address on the assignment documents, she met the requirements of section 55.10(1)....
...NOTES [1] Nothing prevents the holder of a recorded judgment which does not properly contain the address of the judgment creditor from curing the defect by re-recording the judgment and simultaneously filing an affidavit with the address as provided for in section 55.10 of the Florida Statutes....
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In Re Implementation of Comm. on Privacy & Court Records Recommendations—Amendments to the Florida Rules of Civil Procedure, 78 So. 3d 1045 (Fla. 2011).

Cited 4 times | Published | Supreme Court of Florida | 2011 Fla. LEXIS 3030, 2011 WL 5829543

...ncluded in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
...ncluded in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
...ncluded in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
...ncluded in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
...ncluded in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
...d in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific *1060 requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
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Seidle v. Gonzalez (In Re Belize Airways Ltd.), 20 B.R. 817 (Bankr. S.D. Fla. 1982).

Cited 4 times | Published | United States Bankruptcy Court, S.D. Florida. | 1982 Bankr. LEXIS 4063

...It is the law of the State of Florida that a judgment becomes a lien on the non-exempt real property of the judgment debtor in any county only when a certified copy of the judgment is recorded in the official records or judgment lien record of such county. Fla.Stat. § 55.10 (1981); Smith v....
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Franklin Fin., Inc. v. White, 932 So. 2d 434 (Fla. 4th DCA 2006).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2006 WL 1329502

...recorded or would have expired under the statute then in force. Franklin Financial claims a plain reading of the statute governing judgment liens allows a judgment creditor to rerecord a judgment after the first judgment lien has expired. We agree. Section 55.10(1), Florida Statutes (2003), provides that a judgment becomes a lien on real property in any county where a certified copy of it is recorded in the official records of the county....
...The lien may be extended for an additional period by rerecording a certified copy of the judgment prior to the expiration of the lien and by simultaneously recording an affidavit with the current address of the person who has a lien as a result of the judgment. § 55.10(2), Fla....
...When a judgment is recorded, the judgment lien takes priority over *437 any liens recorded thereafter. It maintains this priority so long as it exists. If the judgment lien begins to reach its statutorily defined time limit, the judgment creditor may file for an extension pursuant to section 55.10(2)....
...NOTES [1] Mrs. Prevatt has remarried since the original judgment issued. She is now known as Norma Jean White. [2] At the time the original judgment holder attempted to record the judgment, a judgment lien was only valid for a period of seven years. § 55.10(1), Fla....
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SCG Travel, Inc. v. Westminster Fin. Corp., 583 So. 2d 723 (Fla. 4th DCA 1991).

Cited 4 times | Published | Florida 4th District Court of Appeal | 1991 WL 117031

...Under the Florida recordation scheme, the foreign judgment is recorded with the local land records. § 55.503(1), Fla. Stat. (1989). Without further provision, the judgment would then become an enforceable judgment lien on all real property of the judgment debtor located in the county. See § 55.10(1), Fla....
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Robinson v. Sterling Door & Window Co. Inc., 698 So. 2d 570 (Fla. 1st DCA 1997).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 8590, 1997 WL 402113

...Appellant filed the instant appeal based on the trial court's determination that Appellee has a valid lien on property owned by Appellant. Appellant filed a complaint for a declaratory judgment, claiming Appellee's judgment lien is defective because it does not include Appellee's address, as required by section 55.10(1), Florida Statutes. The trial court determined that Appellee's lien is valid because the names of the attorneys involved in the proceedings giving rise to the judgment lien were contained in the judgment lien, thereby satisfying the terms and intent of section 55.10(1), Florida Statutes. The issue on appeal is whether the trial court erred when applying section 55.10(1), Florida Statutes, to Appellee's judgment lien on Appellant's realty. Courts are "obliged to give effect to the language the Legislature has used ..."; thus, unambiguous statutes should not be subject to construction or interpretation. Baker v. State, 636 So.2d 1342, 1343 (Fla.1994) (citation omitted). Section 55.10(1), Florida Statutes, provides that: A judgment, order, or decree becomes a lien on real estate in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained...
...A judgment, order, or decree does not become a lien on real estate unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree. § 55.10(1), Fla. Stat. (emphasis added). Accordingly, section 55.10(1) unambiguously requires that Appellee's address be on the judgment lien....
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Sharpe v. Calabrese, 528 So. 2d 947 (Fla. 5th DCA 1988).

Cited 4 times | Published | Florida 5th District Court of Appeal | 1988 WL 71550

...which it has attached as provided by law. A duly entered and recorded money judgment must be accorded its legal effect until it is satisfied by payment ( see § 55.141, Fla. Stat.) or the lien thereof expires as provided by law ( see §§ 55.081 and 55.10, Fla....
...As it turns out, this is not decisive in this case. [2] Of course, there may be other compelling considerations but this case well illustrates what can happen when one party to a bilateral executory contract performs without requiring simultaneous performance by the other party. [3] See § 55.10(1), Fla....
...e rights under a judgment awarded by a law court. [6] An order dated April 22, 1986, in the domestic relations action finds that the Dawn Estates lot was subject to a mortgage for $181,035.02 plus interest and costs that was then in foreclosure. [7] § 55.10(1), Fla. Stat. [8] See §§ 28.222(2), 28.29, 55.10 and 695.01(1), Fla....
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Decubellis v. Ritchotte, 730 So. 2d 723 (Fla. 5th DCA 1999).

Cited 4 times | Published | Florida 5th District Court of Appeal | 1999 WL 49362

...Nor does the record indicate that the Raceway has utilized, much less exhausted, available legal avenues. We conclude that the Raceway did not properly invoke the circuit court's jurisdiction in equity. Further, the underlying judgment against Lamp failed to comply with section 55.10(1), Florida Statutes (1997) and, thus, never matured into a lien....
...r decree or an affidavit with such address is simultaneously recorded with the judgment, order or decree. Id. (emphasis added). Although the Raceway argues that the statute is ambiguous, the first district recently ruled in a per curiam opinion that section 55.10(1) "unambiguously requires that [the creditor's] address be on the judgment lien." Robinson v....
...Significantly, the court concluded that the address of the lien-holder's attorney was insufficient to satisfy the statutory requirement. Id. See also Hott Interiors, Inc. v. Fostock, 721 So.2d 1236 (Fla. 4th DCA 1998) (attorney's address does not satisfy unambiguous requirements of § 55.10). *726 The Raceway's address does not appear anywhere on the recorded summary judgment against Lamp. Nor did the Raceway avail itself of the § 55.10(1) safety net and file an affidavit stating its address....
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Smith v. Venus Condo. Ass'n, Inc., 343 So. 2d 1284 (Fla. 1st DCA 1976).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1976 Fla. App. LEXIS 16185

...fficial Records Book of a county which has adopted the single record method of recording and in which county the judgment was entered is sufficient to render such judgment a lien on real estate in that county owned by the judgment debtor; or whether Section 55.10, Florida Statutes 1975, is literally construed to require the recordation of a certified copy of such judgment in lieu of, or in addition to, the original. An interesting and most informative historical discussion of F.S. 55.10 and related statutes may be found in Dade Fed....
..."whether the words `judgment or decree' may be properly construed to mean a certified copy". That court held affirmatively. In an attempt to alleviate the confusion, but in actuality compounding it, the legislature in 1971 (Chapter 71-56) amended F.S. 55.10 to read as follows: *1285 "A judgment or decree becomes a lien on real estate in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recorda...
...In a county in which the Official Record Book has been adopted as the only book or the exclusive book for the recording of Final Judgments, the recording of a Final Judgment in the Official Record Book of that county, when rendered by a court of that county, complies with the provisions of Chapter 55.10, Florida Statutes 1975, so as to create a lien on all real estate owned by the judgment debtor in that county as of the date of recording of the original of the Final Judgment, and it is not necessary, in order to comply with Chapter 55.10, Florida Statutes, in order to create a lien on real estate in that particular county owned by the judgment debtor, to additionally record a certified copy of that same Final Judgment in the Official Record Book of that county." We are of the view, and so hold, that the trial judge was correct....
...onveyed such information pursuant to search only of the Official Record Book in the Dade County Circuit Clerk's office. We agree with the lower court." (217 So.2d 879) Such is the effect of our holding sub judice. As stated in Meadows Development, F.S. 55.10 expresses no evidentiary preference for either "original" or "certified copies" of judgments when it makes judgments rendered in a county a lien on land in that county when recorded in the Official Records....
...Therefore, for that further reason, our holding creates no disparity between judgments rendered by state courts and federal courts. Nor is our holding in this case necessarily in conflict with that of our brethern in Meadows Development. In that case the Court construed F.S. 55.10 as it existed prior to 1972....
...From the history of this legislation as set forth in the opinion of another panel of this court in Meadows Development Company v. *1288 George Ihle, Fla.App., Case No. CC-215, opinion filed this date, it is clear that the legislature meant what it said in its amendment of section 55.10 by Chapter 71-56, Laws of Florida, effective January 1, 1972....
...in the official records or judgment lien record of the county... ." This is further borne out by the amendment of Section 28.29 by Chapter 72-320, Laws of Florida, effective April 1, 1972, to provide: "The certified copy of a judgment required under § 55.10 to become a lien on real property, shall be recorded only when presented for recording with the statutory service charge." I would, therefore, grant the petition for rehearing, vacate our previous affirmance, and reverse.
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Toranto Ex Rel. Rhonda Rubin Toranto Irrevocable Trust v. Dzikowski, 380 B.R. 96 (S.D. Fla. 2007).

Cited 4 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 95454, 2007 WL 4563436

...In 1995, Rhonda Rubin Toranto obtained a judgment in North Carolina state court against Mr. and Mrs. Sherwin and Boone Art Galleries, Inc. The judgment was in the amount of $51,353. In October of 1995, Ms. Toranto domesticated the judgment in Florida pursuant to Fla. Stat. § 55.10(1), thereby obtaining a perfected judgment lien on the parcel....
...After the case was reopened, the bankruptcy court determined that an undivided one-half interest in the parcel constituted property of Mr. Sherwin's bankruptcy estate. At no time prior to October of 2005 did Mr. Toranto renew or extend the judgment lien on the parcel under Florida law. See Fla. Stat. § 55.10(2)....
...hether it establishes a `lien' under state law and thus under [federal bankruptcy law]"). Ms. Toranto had a perfected and valid judgment lien on the parcel when Mr. Sherwin filed for bankruptcy in 1998. Under Florida law, specifically Fla. Stat. *99 § 55.10(1), the judgment lien on the parcel was set to expire in October of 2005, 10 years after it-was perfected. Pursuant to Fla. Stat. § 55.10(2), a judgment lien "may be extended for an additional period of 10 years ....
...prior to the expiration of the lien . . . and by simultaneously recording an affidavit with the current address of the person who has a lien as a result of the judgment[.]" Here is how the Fourth District Court of Appeal has summarized the interplay of §§ 55.10(1) and 55.10(2): The statutory mechanism for extending the life of a judgment lien was designed to allow the judgment creditor to maintain its priority over any subsequent lien holders....
...When a judgment is recorded, it takes priority over any liens recorded thereafter. It maintains this priority so long as it exists. If the judgment lien begins to reach its statutorily defined time limit, the judgment creditor may file for an extension pursuant to [§] 55.10(2)....
...As noted earlier, the judgment lien on the parcel was perfected and valid when Mr. Sherwin filed for bankruptcy in 1998. It therefore could not have lapsed afterwards due to Mr. Toranto's failure to rerecord the North Carolina judgment pursuant to Fla. Stat. § 55.10(2)....
...It merely provides that certain actions to maintain or continue a judgment lien are exempted from the automatic stay. So once again the focus turns to Florida law, and specifically whether Florida law required Mr. Toranto to renew the judgment lien pursuant to Fla. Stat. § 55.10(2) in order to prevent its lapse....
...on to "create, perfect, or enforce any lien against property of the estate") (emphasis added); In re Halabi, 189 B.R. 538, 540 (Bankr.S.D.Fla.1995) (a creditor cannot, post-petition, try to record a judgment for the first time pursuant to Fla. Stat. § 55.10(1) in order to obtain a judgment lien)....
...ld otherwise have occurred in 2005 — was tolled until the automatic stay preventing enforceability of the judgment lien was dissolved or vacated. There was therefore no need, under Florida law, for Mr. Toranto to renew the judgment lien pursuant to § 55.10(2)....
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Perrott v. Frankie, 605 So. 2d 118 (Fla. 2d DCA 1992).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 1992 WL 192997

...the appellee obtained a lien on the property. See Hurlbert v. Shackleton, 560 So.2d 1276 (Fla. 5th DCA 1990). A judgment does not become a lien on real estate until a certified copy of the judgment is recorded in the official records of the county. § 55.10, Fla....
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Allison on the Ocean v. Paul's Carpet, 479 So. 2d 188 (Fla. 3d DCA 1985).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2595, 1985 Fla. App. LEXIS 16877

...713.05 and 713.06 shall attach and take priority as to the time of recordation of the notice of commencement, but in the event a notice of commencement is not filed, then such liens shall attach and take priority as of the time the claim of lien is recorded. Section 55.10(1), Florida Statutes (1983) provides: A judgment or decree becomes a lien on real estate in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation. Paul's Carpet's mechanic's lien attached on May 3, 1982, the date it recorded its claim of lien. See § 713.07(2), Fla. Stat. (1983). Its judgment lien attached August 25, 1983, when it was recorded in the official records. See § 55.10(1), Fla....
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Dollar Sav. & Trust Co. v. Soltesiz, 636 So. 2d 63 (Fla. 2d DCA 1994).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 1994 WL 84103

...While various sections of chapter 55 may appear to lead to contrary results, we are required to interpret those provisions to reach a logical result and one that will facilitate what we determine to be the intent of the legislature in its enactments. In doing so, we interpret sections 55.10, 55.502, 55.503, 55.505, 55.507 and 55.509 (§§ 55.501-55.509 are referred to as the "Florida Enforcement of Foreign Judgments Act") in a manner that establishes the priority of the lien of a judgment recorded thereunder at the moment of recording....
...h provides that a foreign judgment properly recorded by the clerk of the circuit court "shall have the same effect and shall be subject to the same rules ... and it may be enforced ... as a judgment of a circuit or county court of this state." Since section 55.10, Florida Statutes (1989) provides that a state judgment "becomes a lien" when a certified copy is recorded, we are constrained to interpret the provisions of chapter 55 as they relate to the recording of foreign judgments in the same manner as we are initially instructed in section 55.503....
...iling of a certified copy of a foreign judgment does not create a lien upon real property in the county in which it is filed. A lien is established only when the creditor establishes the foreign judgment as a Florida judgment. In effect, we construe Section 55.10 as referring only to Florida judgments....
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Pegram v. Pegram, 821 So. 2d 1264 (Fla. 2d DCA 2002).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1769243

...lower court, regardless of the reasons or theories assigned therefor."). Our record does not disclose whether Fay has a valid judgment lien that may have attached to William Pegram's property after the dissolution of his marriage to Judy Pegram. See § 55.10, Fla....
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Seidle v. Lita Records, Inc. (In Re Belize Airways Ltd.), 19 B.R. 840 (Bankr. S.D. Fla. 1982).

Cited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 1982 Bankr. LEXIS 4259

...It is the law of the State of Florida that a judgment becomes a lien on the non-exempt real property of the judgment debtor in any county only when a certified copy of the judgment is recorded in the official records or judgment lien record of such county. Fla.Stat. § 55.10 (1981); Smith v....
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Prieto v. E. Nat. Bank, 719 So. 2d 1264 (Fla. 3d DCA 1998).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 1998 WL 774640

...The bank filed and recorded its judgment against the Prietos among the public records of Dade County on November 20, 1996. As such, the bank's recorded judgment operates as a lien against all real property (including the home purchased in 1992) owned by the Prietos in Dade County pursuant to section 55.10, [1] Florida Statutes (1997)....
...Henderson, 70 Fla. 260, 70 So. 439, 440 (1915); see also Demura, 618 So.2d at 755. The lower court's dismissal of this action was therefore error. Accordingly, we reverse the order of dismissal and remand for further proceedings in this cause. Reversed. NOTES [1] Section 55.10, Florida Statutes (1997) provides: 55.10....
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Mead v. United States (In Re Mead), 374 B.R. 296 (Bankr. M.D. Fla. 2007).

Cited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 20 Fla. L. Weekly Fed. B 549, 2007 Bankr. LEXIS 2532, 2007 WL 2137795

...Florida property when it is recorded in a county's public records." Burshan v. Nat'l *305 Union Fire Ins. Co., 805 So.2d 835, 839 (Fla. 4th Dist.Ct.App.2001) Because the Registered Judgment is considered to be a judgment of a Florida federal court, section 55.10, Fla....
...Although Plaintiff asserted that Financial Federal failed to comply with the Florida UEFJA, Plaintiff did not file a reply to Financial Federal's Response to the Motion for Summary Judgment and therefore did not address Financial Federal's argument that it has a valid lien on the Florida Properties because it complied with § 55.10. Stated another way, it is unclear to, the Court whether it is Plaintiff's contention that Financial Federal was required to comply with the Florida UEFJA notwithstanding that it recorded the Registered Judgment pursuant to § 55.10....
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Lgj, Pa v. City Nat. Bk. of Fla, 659 So. 2d 1118 (Fla. 3d DCA 1995).

Cited 2 times | Published | Florida 3rd District Court of Appeal

...bearing a higher number in the same series. Here, LGJ had obtained a judgment which was filed in the official records of Dade County on June 28, 1988, and thus became a lien on the subject real property owned by the judgment debtor on that date. See § 55.10, Fla....
...A valid money judgment which has been duly recorded and entered as a lien against land "must be accorded its legal effect until it is satisfied by payment (see § 55.141, Fla. Stat.) or the lien thereof expires as provided by law (see §§ 55.081 and 55.10, Fla....
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In Re Amendments to Rules of Juv. Proc., 951 So. 2d 804 (Fla. 2007).

Cited 2 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 87, 2007 Fla. LEXIS 245, 2007 WL 415377

...this case. Other, specified conditions: ................ IT IS FURTHER ORDERED AND ADJUDGED that the clerk of the court shall provide the victim named above a certified copy of this order for the victim to record this judgment as a lien, pursuant to section 55.10, Florida Statutes....
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In Re Sammut, 171 B.R. 411 (Bankr. M.D. Fla. 1994).

Cited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 8 Fla. L. Weekly Fed. B 157, 32 Collier Bankr. Cas. 2d 1064, 1994 Bankr. LEXIS 1265, 1994 WL 461681

...The lien at issue here fixed to the property after the tenancy in common was created and before the debtor acquired her former husband's undivided one-half interest in the property. The recording of a certified copy of the judgment therefore created a lien only on the former husband's interest in the property. § 55.10(1), Fla.Stat. It did not affect the debtor's undivided one half interest in the property because the judgment was against only the former husband. The later re-recording of a certified copy of the judgment extended the lien. § 55.10(2), Fla.Stat....
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Kapila v. Farragut Mortg. Co. (In Re Halabi), 189 B.R. 538 (Bankr. S.D. Fla. 1995).

Cited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 9 Fla. L. Weekly Fed. B 147, 1995 Bankr. LEXIS 1969

...Having reviewed the relevant pleadings, the Trustee's Motion, Defendant's Response and supporting evidence, this Court finds that there is no genuine issue of material fact that is in dispute and summary judgment must be granted as a matter of law. Florida Statute, § 55.10 provides in pertinent part: (1) A judgment, order, or decree becomes a lien on real estate in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the ti...
...ited States Code. Such filing was a violation of the automatic stay pursuant to 11 U.S.C. § 362(a)(2), (3), (4), and (5). This Court finds that the Judgment was not properly perfected on the date of bankruptcy filing as required by Florida Statute, § 55.10....
...il the judgment on which it is based has been recorded,' we find nothing that supports appellant's contention that the rule purports to govern the method of acquisition of a lien on real property in contradiction to the plain wording of the statute, § 55.10 (Florida Statutes)....
...1st DCA 1976). In regards to the Defendants' Second Affirmative Defense that somehow their interest "prioritized the Trustee's appointment," this affirmative *541 defense is without any legal support — especially in light of a clear reading of Florida Statute, § 55.10....
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Diaz v. Plumhoff, 742 So. 2d 846 (Fla. 2d DCA 1999).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 1999 WL 770684

...Plumhoff obtained a money judgment against Diaz for $8,206.60, plus $567.40 in prejudgment interest. Both parties agree the judgment did not constitute a lien on the property of Diaz because no certified copy containing the address of *847 Plumhoff was ever recorded. See § 55.10, Fla....
...part: "Lands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, shall be subject to levy and sale under execution." The trial judge held that Plumhoff was not required to proceed under section 55.10 because the perfecting of a lien under the circumstances of this case is not necessary in order for the sheriff to proceed under aforementioned section 56.061 of the Florida Statutes. Much has been written about the necessity for compliance with the requirements of section 55.10, and we do not readdress that issue, except to hold that compliance was necessary in this case before the sheriff was empowered to proceed with levy and sale under section 56.061....
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Martinez v. Reyes, 405 So. 2d 468 (Fla. Dist. Ct. App. 1981).

Cited 1 times | Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21480

...e property pending termination of all judicial labor. This appeal ensued. In order to create a lien on real property, a certified copy of a judgment or decree must be recorded in the official records of the county where the property is located. Sec. 55.10(1), Florida Statutes; Smith v. Venus Condominium Association, Inc., 352 So.2d 1169 (Fla.1977). Since both judgments were properly recorded as required by Section 55.10(1), we next look to Section 695.11, Florida Statutes, which addresses this precise issue: 695.11 Instruments deemed to be recorded from time of filing....
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Amendments to the Florida Rules of Civil Procedure, 858 So. 2d 1013 (Fla. 2003).

Cited 1 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 797, 2003 Fla. LEXIS 1779, 2003 WL 22410375

recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v
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Levin v. Lang, 933 So. 2d 107 (Fla. 3d DCA 2006).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1479511

...n constituted a slander of title on the property. After a non-jury trial, the court entered a ten-page judgment, finding that the uncontroverted facts showed that the Levins would be required to make extraordinary efforts or expenditures pursuant to section 55.10, Florida Statutes (2002), to secure a lien bond for $1,024,717.38, which was beyond their duty, according to Blackmon v....
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Jason Lankhorst v. Indep. Sav. Plan Co., 787 F.3d 1100 (11th Cir. 2015).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit | 86 U.C.C. Rep. Serv. 2d (West) 752, 2015 U.S. App. LEXIS 8955, 2015 WL 3440288

...In other words, it is not the Credit Agreement or UCC financing statement itself, but the judgment against the debtor, that gives rise to the potential lien against the home. The Florida statute converts a judgment to a lien against real property independent of this (or any) contract. Fla. Stat. § 55.10(1) (“A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation ....
...led; . . . then YOU will be deemed in default.” However, this does not help Lankhorst because Regulation Z excludes 4 Furthermore, any debt could be reduced to a judgment, and any debt could become a lien on real property under Fla. Stat. § 55.10(1)....
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Perez v. Pearl, 411 So. 2d 972 (Fla. 3d DCA 1982).

Cited 1 times | Published | Florida 3rd District Court of Appeal

...Before SCHWARTZ, NESBITT and DANIEL S. PEARSON, JJ. NESBITT, Judge. Like the threat of a lawsuit or the filing of a complaint, a judgment establishing liability but not determining or fixing any monetary amount of damages does not constitute a cognizable lien pursuant to Section 55.10, Florida Statutes (1979)....
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Clinton v. Doehla, 933 So. 2d 1215 (Fla. 3d DCA 2006).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1821241

...Doehla thereafter made two unsuccessful attempts to perfect a lien on Clinton's real property in Monroe County. The first attempt occurred on July 30, 2002. Doehla recorded a certified copy of the one-page judgment that did not contain Doehla's home address, as required by section 55.10, Florida Statutes (2001). The second unsuccessful attempt occurred on July 31, 2002. Doehla recorded a copy of *1217 the one-page judgment that contained Doehla's address, but was not certified, as required by section 55.10....
...la had not perfected the lien on the real property, and temporarily and permanently enjoin the Sheriff's sale. On the same date, after 5 p.m., Doehla recorded a certified copy of the correct judgment and correct holder's affidavit that complied with section 55.10....
...On October 28, 2003, Clinton filed an "Amended Motion for Partial Summary Judgment" in which he sought the same relief sought in the initial Emergency Petition, claiming that the sale was invalid. The trial court eventually issued orders holding that the first two recordings did not comply with section 55.10....
...We hold that the trial court erred when it found that the defects in the recording could have been, and were corrected, prior to the sale of the property. A judgment lien must be perfected prior to invoking the right to levy upon and sell real property, pursuant to section 55.10. Section 55.10(1) outlines the procedure for creating judgment liens on real property....
...When a judgment creditor fails to meet these requirements, "[n]othing prevents the holder of a recorded judgment which does not properly contain the address of the creditor from curing the defect by re-recording the judgment and simultaneously filing an affidavit with the address as provided for in section 55.10 of the Florida Statutes." Farkus v....
...However, "[s]uch re-recording would not relate back to the original recording of the judgment, but would create a lien on property from the date of the re-recording forward." Id. When Doehla recorded a certified copy of the corrected judgment and corrected holder's affidavit that complied with section 55.10, on November 5, 2002, the re-recording created a lien on Clinton's property from November 5, 2002 onward and did not relate back to July of 2002....
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Lamchick, Glucksman & Johnston, P.A. v. City Nat'l Bank of Florida, 659 So. 2d 1118 (Fla. 3d DCA 1995).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 1995 Fla. App. LEXIS 7754, 1995 WL 421867

...bearing a higher number in the same series. Here, LGJ had obtained a judgment which was filed in the official records of Dade County on June 28, 1988, and thus became a lien on the subject real property owned by the judgment debtor on that date. See § 55.10, Fla.Stat....
...A valid money judgment which has been duly recorded and entered as a lien against land “must be accorded its legal effect until it is satisfied by payment (see § 55.141, Fla.Stat.) or the lien thereof expires as provided by law (see §§ 55.081 and 55.10, Fla.Stat.) or judicial relief from judgment is properly granted a party or his legal representative for a reason recognized in law (see Fla.R.Civ.P....
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In Re Amendments to Fla. Rules of Juv. Pro., 649 So. 2d 1370 (Fla. 1995).

Cited 1 times | Published | Supreme Court of Florida | 1995 WL 27510

...case. Other, specified conditions: ____________________ IT IS FURTHER ORDERED AND ADJUDGED that the clerk of the court shall provide the victim named above a certified copy of this order for the victim to record this judgment as a lien, pursuant to section 55.10, Florida Statutes....
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Citibank Mortg. Corp. v. Carteret Sav. Bank, 612 So. 2d 599 (Fla. 4th DCA 1993).

Cited 1 times | Published | Florida 4th District Court of Appeal | 1992 WL 379805

...because Carteret's mortgage constituted a purchase money mortgage which had priority over Citibank's judgment. To facilitate the foreclosure proceedings, Carteret's title insurer, Commonwealth Land Title Insurance Company, posted a bond pursuant to section 55.10, Florida Statutes (1989)....
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In re Gamboa, 578 B.R. 661 (Bankr. S.D. Fla. 2017).

Cited 1 times | Published | United States Bankruptcy Court, S.D. Florida.

...The judgments were recorded in the Miami-Dade County Official Records on July 25, 2012, but that recording did not create a lien on the Debtor’s Property because the recorded judgments did not include the Objecting Creditors’ address in violation of Fla. Stat. § 55.10 ....
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Felix Soto v. Carrollwood Vill. Phase I I I (Fla. 2d DCA 2021).

Published | Florida 2nd District Court of Appeal

...Soto argues that Carrollwood 4 Village acquired a lien against all of Citi Financial's real property interests in Hillsborough County when Carrollwood Village recorded its judgment against Citi Financial in that county on August 19, 2015. See § 55.10(1), Fla....
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Sanchez v. Black, Srebnick, Kornspan & Stumpf, P.A., 911 So. 2d 201 (Fla. 3d DCA 2005).

Published | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 14817, 2005 WL 2293188

...This is an appeal from an order granting the appellee’s motion to disburse a portion of the funds acquired by the appellants in a condemnation proceeding. We affirm. The appellants contend that the order disbursing funds was improper because the appellee did not follow the statutory mandates of section 55.10(1), Florida Statutes, 1 in recording its lien on the subject property....
...An existing, duly recorded mortgage, which ultimately results in a final *202 judgment of foreclosure, is not the “judgment lien” anticipated by the statute. 2 Instead, said mortgage is a pre-existing lien that is not extinguished by the foreclosure judgment. Thus, section 55.10 is inapplicable here....
...the recording. If the certified copy is first recorded in accordance with this subsection on or after July 1, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 10 years from the date of the recording. § 55.10(1), Fla....
...is a general lien which attaches to any property currently owned or subsequently acquired by the judgment debt- or.” Pinellas County v. Clearwater Fed. Sav. & Loan Ass’n, 214 So.2d 525, 527 (Fla.App.1968). . The statute at issue in Nassau Realty was Chapter 19270, a predecessor to section 55.10....
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In re Cannon, 568 B.R. 859 (Bankr. M.D. Fla. 2016).

Published | United States Bankruptcy Court, M.D. Florida | 2016 Bankr. LEXIS 4619

...fied is that “the lien must have fixed on an interest of the debtor in property.” In re Lezdey, 2007 WL 295213 , at *5. 1. The lien attached to the Property while the Debtor was an owner. The creation of a judicial lien in Florida is governed by § 55.10 of the Florida Statutes. That section provides in part: *868 55.10....
...(1) A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, ... Fla. Stat. § 55.10 (1)....
...Owen, 961 F.2d at 172 , and Allison on the Ocean, Inc. v. Paul’s Carpet, 479 So.2d 188 -190-91 (Fla. 3d DCA 1985)). In this case, Taylor’s judgment was recorded in the public records of Marion County, Florida in April of 2014, and the Debtor has not disputed Taylor’s compliance with § 55.10 of the Florida Statutes. (Exhibits 11,12). The Debtor was the owner of a one-half interest in the Property at the time that the judgment was recorded, and Taylor’s judicial lien therefore attached to the Property under § 55.10 2....
...A valid money judgment which has been duly recorded and entered as a hen against land “must be accorded its legal effect until it is satisfied by payment (see § 55.141, Fla. Stat.) or the hen thereof expires as provided by law (see §§ 55.081 and 55.10, Fla....
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Gotch v. Wald (In re Wald), 248 B.R. 642 (Bankr. M.D. Fla. 1998).

Published | United States Bankruptcy Court, M.D. Florida | 1998 Bankr. LEXIS 1922

...Accordingly, the Plaintiff has no ownership interest in the Tam-iami Trail Property. Further, it does not appear that the Plaintiff has a lien on the Tamiami Trail Property. “A judgment establishing liability but not determining or fixing any monetary amount of damages does not constitute a cognizable lien pursuant to Section 55.10, Florida Statutes (1979)....
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Taylor v. Greenpoint Mortg. Corp., 939 So. 2d 137 (Fla. 4th DCA 2006).

Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 15149, 2006 WL 2612800

...On July 18, 2005, the trial court entered an order revoking and rescinding its previous order, due to the fact that Taylor’s address was not listed on the final judgment against Phillips, nor did she record an affidavit containing her address when she recorded the judgment, as required by section 55.10(1), Florida Statutes....
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Amendments to the Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla. 2000).

Published | Supreme Court of Florida | 2000 Fla. LEXIS 2312, 2000 WL 1472356

...), Florida Statutes (1989). Judgment forms 1.988, 1.990, 1.991, 1.993, 1.994, 1.995, and 1.996 are amended to include the names and addresses of parties, and judgment debtors’ social security numbers, if known, to comply with sections 55.01(2) and 55.10(1), Florida Statutes (1999)....
...ncluded in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc, v....
...luded in the judgment in order for the .judgment to become a lien on real estate when a certified copy of the .judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida *1152 Statutes; Hott Interiors, Inc, v....
...ncluded in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc, v....
...ncluded in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc, v....
...cluded in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit 'with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc, v....
...ncluded in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc, v....
...ncluded in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgnent is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc, v....
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Amendments to the Rules of Juv. Procedure, 783 So. 2d 138 (Fla. 2000).

Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805

...e restitution in this case. Other, specified conditions: IT IS FURTHER ORDERED AND ADJUDGED that the clerk of the court shall provide the victim named above a certified copy of this order for the victim to record this judgment as a lien, pursuant to section 55.10, Florida Statutes....
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Ago (Fla. Att'y Gen. 1974).

Published | Florida Attorney General Reports

the same records and the recording fee paid. Section 55.10, F.S.) Judgments in actions tried under the
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Allender v. First Fed. Sav. & Loan Ass'n, 389 So. 2d 1226 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17564

...recorded. After the Savings and Loan filed the present action and a lis pendens, Allender received the written assignment and executed a quitclaim deed of the property to AMS, Inc. In his first point on appeal, appellant argues that imposition of a section 55.10, Florida Statutes (1979), lien is improper absent a showing that a certified copy of the judgment was filed in the public records as required by section 55.10(1). Smith v. Venus Condominium Ass’n, Inc., 352 So.2d 1169 (Fla.1978). The Savings and Loan notes that this issue was raised for the first time on appeal and that section 55.10 is inapplicable since this action is in the nature of a creditor’s bill and not an attempt to impose a statutory lien....
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Goesel v. Goesel (In re Goesel), 562 B.R. 529 (M.D. Fla. 2016).

Published | District Court, M.D. Florida | 2016 U.S. Dist. LEXIS 159876

...Analysis The Debtor correctly frames the issue before this Court as whether Christine, as a judgment holder, “has a valid secured claim on Debtor’s property when the judgment holder is a co-owner of said property and the judgment holder failed to record the judgment pursuant to Fla. Stat. § 55.10 .” (Doc....
...in the amount of $50,000 is created and “shall constitute a lien of the aforesaid property until paid with statutory interest.” (Id.). However, the Debtor argues that because Christine did not perfect the security interest pursuant to Fla. Stat. § 55.10 , her claim is unsecured....
...Since [Christine’s] security interest is-based on her ownership of the property and such partial ownership is not property of the estate, she cannot have a secured claim in the Chapter 13 case.” (Doc. # 9 at ^(emphasis in original). 3 B. Christine Failed to Comply with Fla. Stat. § 55.10 In Weed v....
...Kaufman, P.A., 922 F.2d 742 , 744 at n.2 (11th Cir. 1991). Florida law controls the matter here because Christine is trying to assert a lien on real property located in Florida. Christine, as a judgment creditor, was required to- comply with Florida Statute section 55.10 to perfect a judgment hen on the Florida real property. See Dyer v. Beverly & Tittle, P.A., 777 So.2d 1055 (Fla. 4th DCA 2001). Florida Statute section ■55.10(1) states: A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, pro...
...county for an initial period of 10 years from the date of the recording. Id. It is not disputed that Christine did not record the judgment in question. A number of Florida cases dispositively mandate that a creditor must comply with Florida Statute section 55.10 in order for a lien to attach to real property. See Dyer, 777 So.2d at 1055 (a judgment did not become a lien on real property because the creditor did not comply with Florida Statute section 55.10); Butler v. Butler, 870 So.2d 239, 240 (Fla. 2d DCA 2004)(unless a creditor complies with the strictures of section 55.10, a judgment does not blossom into a lien.). The Court also agrees with the Debtor that “there is no authority that excepts equitable liens from the requirements of § 55.10.” (Doc....
...he Court expressly acknowledged that it was the husband’s separate property. The wife eventually assigned her attorneys’ fee judgments to a third party. The third party assignee, without recording the judgments in accordance with Florida Statute Section 55.10, commenced foreclosure proceedings....
...a lien. But unlike the wife in Dyer, Christine is currently a record owner of the property. And unlike the wife in Dyer—who, as a judgment creditor, that is essentially a stranger to the property, who necessarily had to comply with Florida Statute Section 55.10 in order to acquire an interest in the property—Christine does not need the assistance of Florida Statute Section 55.10 to hold a secured claim against the property....
...the Court set a clerk’s sale on the husband’s 50 percent tenant-in-common interest in the property. The appellate court reversed on the basis that the judgments had not matured into liens because the wife had not complied with the formalities of Section 55.10 when she recorded the judgments because the judgments did not include the wife’s address and she had not filed an affidavit together with the judgments when she recorded them that did include her address. Like Dyer, the wife in Butler was essentially a stranger to the husband’s separate 50 percent ownership interest in the property. And as a judgment creditor, she was required to comply with Section 55.10 in order to obtain a judgment lien against the property. The Florida Supreme Court long ago stated that the purpose of Florida Statute Section 55.10 is to enable judgment creditors to establish a lien on real property owned by the judgment debtor where the lien did not previously exist....
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Westport Recovery Corp. v. Smith, 830 So. 2d 226 (Fla. 4th DCA 2002).

Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 16852, 2002 WL 31507261

...it must contain the address of the person having the lien. The issue in this case is whether, where there is an assignment of the judgment after it has been properly recorded, the assignee must rerecord. We conclude that the assignee need not do so. Section 55.10(1), Florida Statutes (2001), provides in part: A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever i...
...rements of the statute. Subsequently Smith availed herself of section 222.01, Florida Statutes (2001) which provides a method for a property owner claiming a homestead exemption to have the court determine if a judgment which has been recorded under section 55.10 prevails over the homestead claim....
...not shown in the public records. Westport was not required to be served, and was not served, but did respond to the notice by timely seeking declaratory relief. Smith moved to dismiss Westport’s complaint on the ground that Westport violat *228 ed section 55.10(1) by failing to record an affidavit showing the assignment of the judgments and the name and address of Westport....
...The trial court agreed with Smith and dismissed the complaint, on the ground that Westport did not have standing. In construing the same statutory provision in Hott Interiors, Inc. v. Fostock, 721 So.2d 1236, 1238 (Fla. 4th DCA 1998) we noted: Because the wording of section 55.10(1) is not ambiguous, unreasonable, or illogical, we may not go beyond its clear wording and plain meaning to expand its reach....
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Sun Glow Constr., Inc. v. Cypress Recovery Corp., 47 So. 3d 371 (Fla. 5th DCA 2010).

Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 17183, 35 Fla. L. Weekly Fed. D 2504

...iginal judgment holder, was authorized to re-record the judgment and thereafter seek enforcement. On those facts, the Fourth District concluded that a judgment creditor is authorized to re-record a judgment after the first judgment lien has expired: Section 55.10(1), Florida Statutes (2003), provides that a judgment becomes a lien on real property in any county where a certified copy of it is recorded in the official records of the county....
...The lien may be extended for an additional period by rerecording a certified copy of the judgment prior to the expiration of the lien and by simultaneously recording an affidavit with the current address of the person who has a lien as a result of the judgment. § 55.10(2), Fla....
...When a judgment is recorded, the judgment lien takes priority over any liens recorded thereafter. It maintains this priority so long as it exists. If the judgment lien begins to reach its statutorily defined time limit, the judgment creditor may file for an extension pursuant to section 55.10(2)....
...Florida Land filed an answer denying liability as well as a separate motion for summary judgment. The motion asserted that entry of summary judgment in favor of Florida Land was warranted based on the fact that the default judgment failed to comply with the terms of section 55.10(1) of the Florida Statutes (2003), which provides that a judgment does not become a lien on real property unless the address of the person who has the lien is contained in the judgment....
...The trial court granted the motion and entered summary judgment in favor of Florida Land. Id. at 688. On appeal, Farkus argued that the trial court erred in entering summary judgment in favor of Florida Land because, by placing her address on the assignment documents, she met the requirements of section 55.10(1) of the Florida Statutes....
...74 Nothing prevents the holder of a recorded judgment which does not properly contain the address of the judgment creditor from curing the defect by re-recording the judgment and simultaneously filing an affidavit with the address as provided for in section 55.10 of the Florida Statutes....
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Wells v. Circle Redmont, Inc., 88 So. 3d 433 (Fla. 5th DCA 2012).

Published | Florida 5th District Court of Appeal | 2012 WL 1753639, 2012 Fla. App. LEXIS 7988

...2 While the motion was pending, Wells encountered a problem with the sale of nonhomestead real property. At some point Redmont recorded the final judgment, which appeared as a cloud on title to property Wells was under contract to sell. This caused Wells to file an emergency motion pursuant to section 55.10, Florida Statutes (2010), to convert the supersedeas bond into a transfer bond, to which Redmont stipulated and the trial court granted....
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Jacom Comput. Servs., Inc. v. Aardema, 60 So. 3d 593 (Fla. 4th DCA 2011).

Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 7378, 2011 WL 1878119

PER CURIAM. Affirmed. See § 55.10(1), Fla....
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Butler v. Butler, 870 So. 2d 239 (Fla. 2d DCA 2004).

Published | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 3767, 2004 WL 573951

...A judgment ... does not become a lien on real property unless the address of the person who has a lien as a result of such judgment ... is contained in the judgment ... or an affidavit with such address is simultaneously recorded with the judgment.... § 55.10(1), Fla....
...4th DCA 2001); Decubellis v. Ritchotte, 730 So.2d 723, 725-26 (Fla. 5th DCA 1999). Notwithstanding our concern that the final judgment added the third judgment that had not been included in pleadings or affidavit, it, too, was recorded without the requisite formalities of section 55.10(1)....
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Ago (Fla. Att'y Gen. 1994).

Published | Florida Attorney General Reports

...Troiano: On behalf of the Clerk of the Court of Polk County, you have asked for my opinion on substantially the following question: How long is the Clerk of the Court required to keep funds that have been deposited into the registry of the court transferring a judgment lien to security under section 55.10 (6), Florida Statutes (1993)? In sum: Funds that have been deposited into the registry of the court transferring a judgment lien to security pursuant to section 55.10 (6), Florida Statutes (1993), should be maintained by the clerk for the period during which the lien itself runs, from 7 to 20 years. Section 55.10 (1), Florida Statutes (1993), provides that "[a] judgment, order, or decree becomes a lien on real estate in any county when a certified copy of it is recorded in the official records or judgment lien record of the county ....
..., or decree. 1 The statute provides a method whereby a judgment lien may be transferred to other security by any person who has an interest in the real property that is subject to the lien or the contract under which the lien is claimed. Pursuant to section 55.10 (6), Florida Statutes (1993): Any lien claimed under subsections (1), (2), and (3) may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed,...
...If the transaction involves the transfer of multiple liens, an additional charge of $5 for each additional lien shall be charged. Any number of liens may be transferred to one such security. You question, on behalf of the Clerk of Court, how long the clerk must hold funds that have been deposited with that office pursuant to section 55.10 (6), Florida Statutes (1993), for the transfer of a lien. 2 Nothing in section 55.10 (6)-(8), Florida Statutes (1993), authorizes the reduction of the period of time a lien is valid after it has been transferred from the real property in interest to a money deposit with the court. On the contrary, section 55.081 , Florida Statutes, makes no distinction between an original judgment lien and one that has been transferred. The statute merely provides that "[s]ubject to the provisions of section 55.10 , no judgment, order, or decree of any court shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of such judgment, order, or decree." To reduce the period during wh...
...um of 20 years from the date of the entry of the judgment. It is my opinion that a lien that has been transferred to other security is valid and effective for the same periods of time, dependent on the satisfaction of those conditions established in section 55.10 , Florida Statutes (1993). 6 Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 Section 55.10 (2), (3), (4), Fla. Stat. (1993) and s. 55.081 , Fla. Stat. (1993). 2 Cf., s. 55.10 (7), Fla....
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Gamez v. First Union Nat'l Bank of Florida, 31 So. 3d 220 (Fla. 4th DCA 2010).

Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 2943, 2010 WL 785936

....The order did not limit the levy to Angela Volmar's previous 1/2 interest in the property. However, During the June 30, 2009 hearing, counsel acknowledged that only the 1/2 interest previously held by Angela Volmar would be levied. . Prior to its amendment in 2000, section 55.10, Florida Statutes, provided that a judgment remained a lien on property for a period of seven years after which it must be rerecorded. This section currently provides that a judgment remains a lien on real property for ten years after which it must be rerecorded. See § 55.10, Fla....
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Bond-Howell Lumber Co. v. First Nat'l Bank of Eau Gallie, 200 So. 2d 555 (Fla. Dist. Ct. App. 1967).

Published | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4509

...Plaintiff thus demonstrated an absence of issues of fact. Defendant did not rebut this showing. This is in accordance with the rule enunciated in Holl v. Talcott, Fla.1966, 191 So.2d 40 . The priority of liens was a question of law based on an undisputed factual setting. F.S.A. § 55.10 provides that no judgment shall become a lien until recorded *556 in the judgment lien record....
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Aquastar Holdings LLC v. Peckar & Abramson P.C. (Fla. 3d DCA 2025).

Published | Florida 3rd District Court of Appeal

...6 judgment to Peckar on its foreclosure claim and Aquastar’s counterclaim for quiet title. a. Creation of the Judgment Lien on January 22, 2021 The creation of liens on real property by money judgments is governed by § 55.10(1), Florida Statutes (2024): A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien...
...“A valid money judgment which has been duly recorded and entered as a lien against land ‘must be accorded its legal effect until it is satisfied by payment (see § 55.141, Fla. Stat.) or the lien thereof expires as provided by law (see §§ 55.081 and 55.10, Fla....
...5th DCA 1988)). Peckar argues that the January 22 recordation of Aquastar’s Judgment did not create a perfected lien because the statutory interest rate and the words “for which let execution issue” were omitted from the Judgment. We disagree. Compliance with the § 55.10(1) requirement to record a certified copy of a judgment and a valid address affidavit is all that is necessary to perfect a judgment lien on a judgment debtor’s real property....
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Ferraro v. Mazurek, 621 So. 2d 532 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 7306, 1993 WL 247123

property owned by Mr. Ferraro in Pasco County. Section 55.-10(1), Fla.Stat. (1989). In September 1989, Mr
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Ludlow v. Brinker, 403 So. 2d 969 (Fla. 1981).

Published | Supreme Court of Florida | 1981 Fla. LEXIS 2825

County real property of the judgment debtor. See § 55.10, Fla.Stat. (1977). . The district court’s opinion
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In Re Epstein, 298 B.R. 917 (Bankr. S.D. Fla. 2003).

Published | United States Bankruptcy Court, S.D. Florida. | 16 Fla. L. Weekly Fed. B 247, 2003 Bankr. LEXIS 1179

...d not occupy the subject premises with an actual intent to permanently reside on the premises. However, this contention was not argued during the hearing on the Avoidance Motion. [2] Article X Section 4(a), Florida Constitution. [3] Florida Statutes § 55.10 provides that the recording of a certified copy of a judgment creates a lien against all real property owned by a judgment debtor in the county in which the real property is situated....
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Park Fin. of Broward, Inc. v. Jones, 94 So. 3d 617 (Fla. 4th DCA 2011).

Published | Florida 4th District Court of Appeal | 2011 WL 2694573, 2011 Fla. App. LEXIS 11004

...An execution is thus “subject to the time limit of section 55.081,” Florida Statutes (2009) and may issue during the 20 year life of the underlying judgment. Burshan v. Nat’l Union Fire Ins. Co., 805 So.2d 835, 839 (Fla. 4th DCA 2001). Similarly, pursuant to section 55.10, Florida Statutes (2009), a judgment becomes a lien on real property in any county where it is properly recorded for an initial period of 10 years, with the possibility of it being extended for up to 10 years....
...zing that a decision on the merits without financial recovery is a hollow victory. To apply rule 1.420(e) to create a post-judgment procedural trap would weaken the force of a final money judgment that is contemplated by sections 56.021, 55.081, and 55.10....
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Florida Dairy, Inc. v. Crystal Clear Sales, Inc. (In re Florida Dairy, Inc.), 22 B.R. 197 (Bankr. M.D. Fla. 1982).

Published | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 3742

...On July 24, 1980, Borden obtained an amended judgment in the amount of $38,729.61 and an uncertified copy was recorded on July 25, 1980. The Debtor filed its petition in bankruptcy on August 1, 1980 and instituted this adversary proceeding to avoid the judicial liens under § 547 of the Bankruptcy Code and § 55.10 of the Florida Statutes. The Debtor contends that the Fla.Stat. § 55.10 requires, that judgments do not become liens on real estate unless a certified copy of the judgment is recorded in the Official Records Book of the Public Rec *199 ords....
...The Debtor further contends that any lien created after the petition was filed is null and void by virtue of § 362 of the Code. Finally, the Debtor contends that any lien created within the 90 day preference period is voidable under § 547 of the Code. Florida Statutes § 55.10 provides as follows: “A judgment or decree becomes a lien on real estate in any county when a certified copy of it is recorded in the Official Records ......
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Williamson v. Dep't of Revenue, 380 So. 2d 466 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15505

...It is less clear that this is true to lienholders whose interest is not clearly visible. Insofar as we can find from the record, neither of these parties furnished anyone with a description of land in which they claim a lien. Triangle’s lien exists by virtue of recording a judgment; Section 55.10, Florida Statutes (1973)....
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In Re: Amendments to Florida Rules of Civil Procedure - Forms 1.996(a) & 1.996(b) (Fla. 2024).

Published | Supreme Court of Florida

...included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
...judgment to become a lien - 15 - on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
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In Re Amendments to the Florida Rules of Civil Procedure, 190 So. 3d 999 (Fla. 2016).

Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 1, 2016 Fla. LEXIS 68, 2016 WL 164134

...judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
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Dade Fed. Sav. & Loan Ass'n v. Miami Title & Abstract Div. of Am. Title Ins., 217 So. 2d 873 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6405

...Section 28.221 was permissive, not mandatory, but most of the Clerks’ offices in the State, including the Dade County Circuit Clerk, have installed such Official Record Book because of its obvious convenience and simplification. These statutory provisions are set forth in the margin. 1 Before F.S. 1967, § 55.10 F.S.A....
...must be recorded in the Judgment Lien Book (F.S. § 28.21(11) F. S.A.) or the Official Record Book (F.S. § 28.221 F.S.A.), as the case may be, of the county wherein the property is located. The legislature in 1967, by Chap. 67-254, Sec. 9, amended § 55.10 to provide in substance that, in order' to be a lien on real estate in the county where rendered, such “judgment and decree” must be recorded in the “proper record” of that county; but that, as to judgments or decrees from other counties, a “certified copy thereof” sufficed for such recordation. The original *876 F.S. § 55.10 F.S.A....
...and also the 1967 amendment are set out in the margin. 2 On January llj 1968, Miami Title filed complaint in the Dade County Circuit Court for a declaratory judgment, the purpose of which was to secure a judicial determination of the legal effect of said 1967 amendment upon § 55.10 and also upon F.S....
...r certified copy, must be recorded in order to become a lien on the' judgment debtor’s real estate in the county? We will determine these two questions seriatim. (1) Construction of the words "Judgment or decree”. Before the 1967 amendment, F.S. § 55.10 F.S.A....
...record” of the’ county where rendered; and that as to judgments or decrees entered in other counties, upon a certified copy thereof being recorded - in the proper record book of the county where the real estate is located. A reading of original § 55.10, as compared with a literal reading of. the 1967 amendment thereto, discloses three things: (1) under original § 55.10 a certified transcript of the judgment must be recorded in the appropriate record book of the county, whether the same county where rendered or another county, in order' for it to be a lien on the judgment debtor’s real estate in the count...
...Only a certified copy of such judgment or decree, in whatever way it had been evidenced or recorded originally, could be so re-recorded. Such was the undoubted intention of the legislature. A consideration of the passage of the 1967 amendment provides instant evidence supporting this view. The amendment to § 55.10 was a minute segment of Chap....
...re, and by its own terms “to delete obsolete or unnecessary language.” Nowhere in the entire Act is there any intimation of changing any of the substantive law of Florida. We therefore construe the subject provision of the 1967 Act amending F.S. § 55.10 F.S.A., referring to recordation of a judgment or decree in order to become a lien on real estate in the County, to mean a certified copy of such judgment or decree....
...rnish a complete abstract of title, insofar as judgment liens were concerned, when it conveyed such information pursuant to search only of the Official Record Book in the Dade County Circuit Clerk’s office. We agree with the lower court. Section F.S. 55.10 F.S:A., as amended, must be read and construed in pari materia with F.S....
...the Official Record Book as provided in § 28.221, dependent upon which method of recordation is being utilized by the local Circuit Clerk. In Dade County, as hereinbefore observed, this means the Official Record Book. To otherwise construe amended § 55.10, would place upon the amending statute of 1967 a construction in conflict with other applicable statutes of Florida....
...ngs of the U. S. Supreme Court in Rhea v. Smith (1927), 274 U.S. 434 , 47 S.Ct. 698 , 71 L.Ed. 1139 and of the Florida Supreme Court in B. A. Lott, Inc. v. Padgett, 1943, 153 Fla. 304 , 14 So.2d 667 . It follows, therefore, from such construction of § 55.10, as amended, that a judgment or decree entered by any of the State Courts of Florida, or by any Federal District Court in the State, Becomes a lien upon real estate in any given county only when a certified copy or transcript thereof is reco...
...and confirmed and they are hereby declared to be liens on the real property of the defendants in the counties where the same are recorded in the same manner as if certified transcripts thereof had been recorded in the judgment lien record.” . F.S. § 55.10, F.S.A....
...28.21, subsection ‘11’ of these statutes. Upon being so recorded said judgment or decree shall become a lien on the real estate of the defendant only in the county where the same is recorded in the manner provided by said § 28.21. Chap. 67-254, Sec. 9, Gen.Laws 1967 (now F.S. § 55.10 F.S.A.) : “Judgments and • decrees become a lien on real estate in the county where rendered when the judgment or decree is recorded in the proper record of such county and in other counties when a certified copy thereof is recorded in t...
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In Re: Amendments to Florida Rules of Civil Procedure - Forms 1.996(a) & 1.996(b) (Fla. 2024).

Published | Supreme Court of Florida

...included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
...judgment to become a lien - 15 - on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
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Ewers v. Walsh (In Re Walsh), 123 B.R. 925 (Bankr. M.D. Fla. 1991).

Published | United States Bankruptcy Court, M.D. Florida | 1991 Bankr. LEXIS 124, 1991 WL 14043

...ut no written order had been entered by the time the defendant/debtor filed his Chapter 7 bankruptcy case). Despite much argument by the parties, none of these facts control whether the probate court's order is a final judgment or whether it is not. Section 55.10, Florida Statutes, provides that the recording in the public records of a certified copy of a final judgment against a specific defendant creates a lien upon that defendant's real property located in the county in which the recording is made....
...tains finality and is a final judgment. In doing so, it appears that, despite the title "final judgment," the order of the probate court clearly lacks any of the finality required for the order to be a final judgment and to create a lien pursuant to Section 55.10, Florida Statutes....
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In re Amendments to the Florida Rules of Civil Procedure-Form 1.996, 51 So. 3d 1140 (Fla. 2010).

Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 712, 2010 Fla. LEXIS 2086, 2010 WL 4977484

...ncluded in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
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Gordon v. Ruvin, 664 So. 2d 1078 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 12531, 1995 WL 712592

GERSTEN, Judge. Appellant, Robert Gordon, appeals an adverse summary judgment of foreclosure finding that an equitable lien on real property was transferable to a bond pursuant to Section 55.10(6), Florida Statutes (1993)....
...The buyer paid $24.1 million and intended to convert the apartment complex into condominiums. As part of the sale, the seller was required to post a bond allowing the buyer to acquire title without being subject to the equitable lien. *1079 In accordance with the procedures outlined in Section 55.10, the seller sought to transfer Gordon’s lien to a corporate surety bond for $2 million....
...Gordon, the buyer, and seller, filed motions for summary judgment, and the clerk filed a motion to dismiss. The trial court granted the ap-pellees’ motions and denied Gordon’s motion, finding that the surety bond amply protected Gordon’s rights. Section 55.10(1) provides that a “judgment, order, or decree” becomes a lien on real estate when a certified copy of it is recorded in the official records....
...Subsection (6) of the statute states that “any lien” claimed under subsection (1) may be transferred from the real property to security by filing a surety bond with the clerk’s office. Once the bond is posted, “the clerk shall make and record a certificate showing the transfer” and mail a copy to the lienor. § 55.10(6), Fla.Stat. (1993). Subsection (6), the “transfer to bond” provision, was added to Section 55.10 in 1977....
...free alienability of property which fosters economic growth and commercial development. See Iglehart v. Phillips, 383 So.2d 610 (Fla. 1980); Aquarian Foundation, Inc. v. Sholom House, Inc., 448 So.2d 1166 (Fla. 3d DCA 1984). Here, Gordon argues that Section 55.10 only applies to judgments and decrees for the payment of money....
...White, 129 So.2d at 150 . The First District affirmed, holding that the lien could not be transferred to another security. Quite simply, White is not applicable because it was decided sixteen years before the “transfer to bond” provision was added to Section 55.10....
...The evolution of the statutory language in subsection (6), now explicitly authorizes the substitution of a bond without the lienholder’s consent under Florida law. Moreover, White involved a transfer to government securities — not a transfer to a corporate surety bond as occurred in this case and as provided for in Section 55.10. Section 55.10 specifically states that the bond must be executed by a surety insurer licensed to do business in the state....
...tor and regulate the surety, and the liability of the surety may be enforced summarily under Florida Rule of Civil Procedure 1.625, in the event the lienee does not pay. We thoroughly agree with the trial court’s finding that the plain language of Section 55.10 furthers an important public policy and permits a party to bond an equitable lien....
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Tomalo v. Kingsley Displays, Inc., 862 So. 2d 899 (Fla. 2d DCA 2003).

Published | Florida 2nd District Court of Appeal | 2003 WL 22970982

...This is an appeal by Thomas Tomalo of the trial court's order holding that his judgment lien is subordinate to that of another lienholder, Kingsley Displays, Inc. Because we conclude that the lien recorded by Kingsley does not comply with the requirements of section 55.10(1), Florida Statutes (2000), we reverse the holding of the trial court....
...Kingsley's judgment did not include Kingsley's address, but instead contained Kingsley's name followed by "c/ o" and the address of Kingsley's lawyer. Since Tomalo's judgment was not recorded until January 7, 1997, the trial court concluded that his lien was subordinate to that of Kingsley. Section 55.10(1) delineates when a judgment, order, or decree becomes a valid lien, and provides: A judgment, order, or decree becomes a lien on real estate in any county when a certified copy of it is recorded in the official records or judgment lien record of the county ......
...imultaneously recorded.... (Emphasis added). As have the courts in Hott Interiors, Inc. v. Fostock, 721 So.2d 1236, 1238 (Fla. 4th DCA 1998), and Robinson v. Sterling Door & Window Co., 698 So.2d 570, 571 (Fla. 1st DCA 1997), we find the language of section 55.10(1) to be plain and unambiguous....
...k were valid liens. 721 So.2d at 1237. While the judgments did not contain Hott's address, they did include the address of Hott's attorneys. Id. The trial court granted summary judgment in favor of Fostock, concluding that Hott failed to comply with section 55.10(1)....
...In the case at bar, Kingsley has attempted to distinguish Hott and Robinson by focusing on the "c/o" on Kingsley's recorded judgment. While we recognize that the name Kingsley Displays, Inc., and an address do appear on the recorded judgment, we are mindful that section 55.10(1) does not merely call for "an address." The statute very specifically requires "the address of the person who has a lien." § 55.10(1)....
...See Westport Recovery Corp. v. Smith, 830 So.2d 226, 228 (Fla. 4th DCA 2002). Accordingly, we find that although Kingsley's judgment was recorded before Tomalo's, Kingsley's judgment lien is invalid due to its failure to comply with the specific requirements of section 55.10(1)....
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In Re Amendments to the Florida Rules of Civil Procedure, 153 So. 3d 258 (Fla. 2014).

Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 752, 2014 Fla. LEXIS 3682, 2014 WL 6977929

...included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
...included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
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McNally v. Dove Inv. Corp. (Fla. 1st DCA 2024).

Published | Florida 1st District Court of Appeal

...Appellee concedes that it is prohibited by the bankruptcy discharge from taking further action in seeking collection of the judgment or continuing litigation to that effect. While Appellee had recorded the judgment, making it a lien on real property under section 55.10(1), Florida Statutes, there is no real property that remains subject to the lien following the bankruptcy discharge. Appellee agrees that no further practical relief can be attained from this Court or the lower tribunal. We dismiss the appeal as moot. DISMISSED. LEWIS, B.L....
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Wintter v. Len-Hal Realty, Inc., 679 So. 2d 1224 (Fla. 2d DCA 1996).

Published | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 9098, 1996 WL 486021

...s fees against the property which was the subject of the suit. Prior to the foreclosure sale of the property, the chent, who was appealing the law firm’s hen, moved the court to transfer the hen created by the final judgment to a bond pursuant to section 55.10(6), Florida Statutes (1995)....
...First, a notice of appeal does not divest a trial court of jurisdiction to do things which do not interfere with the power of the appehate court or the rights of a party which are under consideration by the appehate court. Palma Sola Harbour Condominium, Inc. v. Huber, 374 So.2d 1135 (Fla. 2d DCA 1979). *1225 Second, neither section 55.10(6) nor rule 9.310(b)(1) requires the entry of a court order in order for a bond to become effective....
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Ago (Fla. Att'y Gen. 2005).

Published | Florida Attorney General Reports

...4 The legislation effecting this change does not otherwise appear to alter the sheriff's duties in executing a levy or to change the priority of persons entitled to receive proceeds from the sale of real property due to the absence of such a docket. Section 55.10 (1), Florida Statutes, provides: "A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained...
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Bakst v. WRH Mortg., Inc. (In re Jackie Johns, DMD, P.A.), 267 B.R. 901 (Bankr. S.D. Fla. 2001).

Published | United States Bankruptcy Court, S.D. Florida.

...s for Palm Beach County on January 6, 1997. All parties agree that the certified copy of the judgment did not contain the Defendant’s address. On February 5, 1997, the Defendant filed a separate Affidavit of Lienholder, pursuant to Florida Statute § 55.10....
...The Motion for Summary Judgment seeks a determination that the Defendant does not have a secured interest as to a judgnent lien in the Subject Real Property. In his Motion for Summary Judgment, the Trustee argues that the Defendant failed to comply with Florida Statute *903 § 55.10(1) which requires that when filing a judgment in the land records, the judgment either contain the lienholder’s address or be filed simultaneously with an affidavit that contains such address. Therefore, it is the Trustee’s position that the Defendant does not have a judgment lien on the Subject Real Property. The Response argues that although the Defendant failed to meet the precise requirements of § 55.10(1), the Defendant has nonetheless met the legislatures purpose in enacting § 55.10. In complying with the “spirit” of § 55.10, the Defendant argues that it should have a judgment lien on the Subject Real Property....
...253, 289 , 88 S.Ct. 1575 , 20 L.Ed.2d 569 (1968); Resolution Trust Corp. by the FDIC v. Clark, 741 F.Supp. 896 (S.D.Fla.1990); In re Pierre, 198 B.R. 389 (Bankr.S.D.Fla.1996). I. The Defendant has Failed to Comply with the Statutory Requirements of Florida Statute § 55.10(1). In the Motion for Summary Judgment, Trustee argues that the Defendant has failed to comply with Florida Statute § 55.10(1). As amended on July 1, 2001, § 55.10(1) states: A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation,...
...If the certified copy is first recorded in accordance with this subsection on or after July 1, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 10 years from the date of the recording. *905 Fla. Stat. ch. 55.10(1) (2001) (emphasis added). The procedure for obtaining a lien under § 55.10 is remarkably simple....
...Although the Affidavit of Lienholder did contain the Defendant’s address, it is likewise an uncontested fact that the Affidavit of Lienholder was not filed simultaneously with the final judgment. It is therefore quite clear to this Court that the Defendant has failed to comply with the statutory requirements of § 55.10(1)....
...d by only one entry. The Defendant argues that in performing a title search, a title agent would inevitably be provided with notice of the Defendant’s lien. In essence, the Defendant is arguing that the Court should view its failure to comply with § 55.10 as “harmless error.” This argument is simply not persuasive. The wording of § 55.10(1) is clear and concise....
...This Court has stated in the past that “[b]ankruptcy judges have no more power than any others to ignore the plain language of a statute in order to reach a result more in keeping with their notions of equity.” In re Bertolami, 235 B.R. 493, 498 (Bankr.S.D.Fla.1999). Applying the plain meaning of § 55.10(1) the Court finds that the Defendant did not properly attach a lien to the Subject Real Property....
...ss. As such, the Defendant asks this Court to give effect to its lien filing. This argument too must fail. In Hott Interiors, Inc. v. Fostock, 721 So.2d 1236 (Fla.4th DCA 1998), the Florida Fourth District Court of Appeal interpreted Florida Statute § 55.10(1). The court held that § 55.10(1) requires that a final judgment contain the judgment holder’s address to become a lien on real estate. Id. at 1238. An alternative method to create a lien on real property is to record an affidavit in compliance with § 55.10(1)....
...Ruling that no lien on real estate had been created by such a judgment, the court stated that “[w]e cannot expand this clear statutory directive to say that the address of the judgment holder’s attorneys may be substituted for that of the judgment hold *906 er.” Id. Section 55.10(1) unambiguously requires that the judgment holder’s address be contained in the judgment for it to become a lien on real property....
...As the Fourth District Court of Appeal aptly stated, “[jjudgment liens on land are statutory liens and their existence depends upon the legal effect of the statute by which they are created.” Id. at 1239 (quoting Smith v. Venus Condominium Ass’n, Inc., 352 So.2d 1169, 1170-71 (Fla.1977)). Section 55.10(1) specifically requires either that a final judgment contain the judgment holder’s address, or that the final judgment is filed simultaneously with an affidavit containing the judgment holder’s address....
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Gomez v. Timberoof Roofing Co., 196 So. 3d 1279 (Fla. 4th DCA 2016).

Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 12066, 2016 WL 4205344

...gments were obtained before the unit owners transferred ownership of one of their units. The unit owners moved to dismiss, arguing that the judgments did not constitute liens as they did not contain the address of the judgment holder, as required by section 55.10(1), Florida Statutes (2013). The trial court denied the motion. In their answer to the complaint, the unit owners raised, as an affirmative defense, Timberoof s failure to comply with section 55.10(1)....
...The judgment lien is valid and complied with the requirements of the lien statute.” Because the summary judgment is based on a legal rather than factual issue, we employ a de novo standard of review. Cont’l Concrete, Inc. v. Lakes at La Paz III Ltd. P’ship, 758 So.2d 1214, 1217 (Fla. 4th DCA 2000). Section 55.10, Florida Statutes provides in pertinent part: (1) A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whicheve...
...4th DCA 1998), this court observed that the Legislature had taken pains to make it clear that the judgment holder’s address is: required: As if to insist oh one interpretation, the statute in this case says the same thing in two' different ways. In separate sentences, section 55.10(1) specifies that the address of a judgment creditor must be contained in the judgment or in a simultaneously recorded affidavit in order for the judgment to become a lien on real estate....
...t holder’s attorneys may he substituted for that of the judgment holder.. *1282 Id. at 1238 (alterations and emphasis in original). See Tomalo v. Kingsley Displays, Inc., 862 So.2d 899, 901 (Fla. 2d DCA 2003) (finding that lien did not comply with section 55.10(1) where it contained address of creditor’s attorney); Robinson v....
...The Second District rejected a similar argument in Tomalo : In the case at bar, Kingsley has attempted to distinguish Hott and Robinson by focusing on the “c/o” on Kings-ley’s recorded judgment. While we recognize that the name [of the lien-holder] and an address do appear on the recorded judgment, we are mindful that section 55.10(1) does not merely call for “an address.” The statute very specifically requires “the address of the person who has a lien.” Tomalo, 862 So.2d at 901 ....
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In Re: Amendments to the Florida Rules of Civil Procedure - 2019 Regular-Cycle Report (Fla. 2020).

Published | Supreme Court of Florida

...result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
...result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc....
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Meadows Dev. Co. v. Ihle, 345 So. 2d 769 (Fla. Dist. Ct. App. 1977).

Published | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15844

...k entry of judgment is copied and that copy is certified and re-recorded in the same Official Records. The liening statute then in effect did not require — indeed, it scarcely permitted — such an interpretation. As a result of amendment in 1967, Section 55.10, Florida Statutes (1967) and (1969) provided: “Judgments and decrees become a lien on real estate in the county where rendered when the judgment or decree is recorded in the proper record of such county and in other counties when a certified copy thereof is recorded in the proper record of other counties.” In 1972 an amendment to Section 55.10 and other legislation 1 apparently reinforced Dade Federal’s ruling that a certified copy of a judgment must be recorded in Official Records to create a lien....
...Another panel of this court has, in an appropriate case, determined the effect of the 1972 amendment to Section 55.-10. Smith v. Venus Condominium Ass’n, Inc., 343 So.2d 1284 (Fla.1st DCA, 1976, reh. den. this date). Whatever may have been the effect of amending Section 55.10 in 1972, in 1969 a “valiant effort” 2 was required in the construction of Section 55.10 to read “recorded” as “re-recorded” and to read “judgment or decree” as “certified copy” of a judgment or decree. For what purpose did the Dade Federal court labor so to wrench unnatural meaning from Section 55.10? Not merely to fatten county records and coffers, though the decision had that tendency, but rather to treat Florida and federal judgments alike, to create a parity of inconvenience in the liening of judgments, so to prevent uncontrolled extension of federal judgment liens, by operation of federal law, throughout multi-county federal judicial districts. Dade Federal rests on three arguments: First, that the 1967 amendment of Section 55.10, deleting the prior requirement of recording “a certified transcript of said judgment or decree” for lien purposes, contained no “intimation of changing any of the substantive law of Florida.” Dade Federal, 217 So.2d at 878 . Second, that Section 55.10, Florida Statutes (1969), necessarily contemplated recor-dation of a certified copy of the judgment for liening purposes because the “original” judgment, found in the minute book prescribed by Section 28.21(1), Florida Statutes (196...
...Lott, Inc. v. Padgett, 153 Fla. 304 , 14 So.2d 667 (1943); Dade Federal, 217 So.2d at 879 . With the utmost respect for Dade Federáis purpose to alleviate the chaos it saw impending Florida land titles, we believe Dade Federal misconstrued the now departed Section 55.10, Florida Statutes (1969); that by that statute a Florida judgment became a lien on the debtor’s land in the forum county upon recordation of the original judgment in Official Records; and that the fastidious ritual of re-recording a c...
...972 legislation may require it, unnecessary to preserve a condition of lien parity between state and federal judgments. I. We cannot agree with Dade Federal’s view that the 1967 Legislature acted inadvertently in deleting from the liening statute, Section 55.10, its prior requirement for recordation of “a certified transcript of said judgment or decree” in the judgment lien record....
...by its own terms ‘to delete obsolete or unnecessary language.’ Nowhere in the entire Act is there any intimation of changing any of the substantive law of Florida.” 217 So.2d at 878 . Before its amendment by Chapter 67—254, Laws of Florida, Section 55.10 had provided since 1939: 3 “No judgment or decree hereafter rendered by the circuit courts or any other courts of this state shall be or become a lien on real estate until a certified transcript of said judgment or decree is recorded...
...provided by § 28.21, subsection (11) of these statutes. Upon being so recorded said judgment or decree shall become a lien on the real estate of the defendant only in the county where the same is recorded in the manner provided by said § 28.21.” Section 55.10, Florida Statutes (1965) (emphasis added)....
...not substantial. Previously, under a recording system that featured several different books of record for different purposes, the liening statute required recording of “a certified transcript” of a judgment in “the judgment lien record.” New Section 55.10 simply provided for recording “the judgment or decree” as a lien in “the proper record of such county.” Plainly, we think, the 1967 Legislature sought to bring Section 55.10 into better relationship with Section 28.221, which since 1953 had authorized clerks to record either in the several record books specified in Sections 28.21 and .22 or in a unified system of Official Records....
...There the statutes rendered the Official Records indifferent to the form— “original” or “certified copy” — in which “the judgment” was recorded for liening. In 1972 legislation ostensibly restored the pre-1967 requirement for recordation of certified copies of all judgments as liens. Section 55.10 was amended to require recordation of “a certified copy ......
...in the official records or judgment lien record of the county . . . .” Chapter 71-56, Laws of Florida, effective January 1, 1972. And Section 28.29 was amended effective April 25, 1972, to provide: “The certified copy of a judgment required under s. 55.10 to become a lien on real property, shall be recorded only when presented for recording with the statutory service charge.” Chapter 72— 320, Laws of Florida. Another panel of this court, in Smith v. Venus Condominium Ass’n, Inc., supra, held that the 1972 amendment to Section 55.10 need not be given its literal and purported effect. Whether that be true or not, clearly the 1972 amendment had no substantive purpose if not to reverse the substantive change made in Section 55.10 by the 1967 amendment. We disagree with Dade Federal holding that the 1967 amendment may be treated as insubstantial editorial work. II. Next addressing Dade Federal’s argument that Section 55.10, Florida Statutes (1969), cannot be given effect as written, we disagree with Dade Federal’s premise 5 that under contemporaneous statutes a circuit court’s “original” judgment was by definition something in a minute book which...
...Not from the minute entry, celebrated as essential by Dade Federal, for there is none. Rather, from the original as recorded in Official Records. Thus, without the benefit of Dade Federal’s redeeming theory, the 1972 Legislature apparently amended Section 55.10 to require duplicative recording in the forum county’s Official Records....
...Co., 292 So.2d 413 (Fla.2d DCA 1974). The judgment in the case before us was reduced to writing, signed by a circuit *775 judge and filed by the clerk. It was so recorded in Duval County’s Official Records. We believe that recordation satisfied the letter and spirit of Section 55.10, Florida Statutes (1969), and are not persuaded by Dade Federal’s rationale that a judgment in that form was unrecordable in Official Records because the assumed need for minute book recordation ipso facto prevented recordation of the original elsewhere. III. The Dade Federal reasoning thus far discussed was plainly subservient to an overriding purpose of avoiding the chaos which would come to Florida titles should it be found that, by 1967 amendments to Section 55.10, the Florida legislature permitted Florida circuit court judgments to become liens on Florida real estate more readily than the judgments of United States district courts rendered in Florida....
...If that were the case, the lien of federal court judgments rendered in Florida would extend upon rendition throughout the federal district, regardless of county lines and regardless of county recordation of any kind. 9 Thus Dade Federal defended its reading of Section 55.10 by stating any other construction “....
....” The statute further provides in effect that recordation requirements for liening of state court judgments shall, if applicable to federal judgments in the same way, govern the liening of federal judgments. The question is whether our construction and application of Section 55.10, Florida Statutes (1969) results in the apprehended disparity in liening between state and federal judgments. The court in Dade Federal conceived our construction of Section 55.10 would disadvantage federal judgments....
...lien of the federal court judgment and the instant attaching of a lien upon the entry of the state court judgment without further action.” 274 U.S. at 443 , 47 S.Ct. at 701 , 71 L.Ed. at 1145 . Dade Federa] suggests and appellant here argues that Section 55.10 as we construe it disadvantages federal judgments in the same way the Missouri statute did in Rhea, because federal court judgments rendered in a county must be presented for recordation in that county’s Official Records in the form o...
...ien, by our holding, upon recordation of the original judgment in Official Records. We consider that argument demonstrates no disparity and, indeed, no difference in the treatment of state and federal judgments rendered in a county. As stated above, Section 55.10, Florida Statutes (1969), expressed no evidentiary preference for either “original” or “certified copies” of judgments when it made judgments rendered in a county a lien on county land when recorded in Official Records....
...Our Florida statute was indifferent to whether the federal judgment presented for liening was the authenticated original, borrowed temporarily for recordation, or a certified copy. Either was recordable as a lien, as was any state court judgment rendered in the county, regardless of the form in which it was presented. Section 55.10 uniformly provided for liening of judgments rendered in other counties, whether by state or federal courts, by recordation of a certified copy....
...e Court paraphrased it, when “entered”, yet the statute gave no such effect to the federal judgment when “rendered” or “entered,” but only when filed in the county record. Our finding of parity in state and federal judgment liening under Section 55.10, Florida Statutes (1969), finds support in United States v....
...by a federal district court were evidenced for docketing in the county clerk’s office by presentation of transcripts, whereas original judgments rendered by state trial courts in the same county were at hand for the docketing and liening process. Section 55.10, Florida Statutes (1969), was for stronger reasons in full conformity with 28 U.S.C....
...*778 We recognize this decision is in direct conflict with Dade Federal and is likely to have an unsettling effect, if not on Florida land titles, at least on those who examine them. If we have correctly surmised what the legislature intended by the 1967 amendment to Section 55.10, Florida Statutes, but have incorrectly held the statute thus construed satisfies 28 U.S.C....
...ision is confined in potential effect to federal judgments rendered between 1967 and 1972. Although this court’s contemporaneous decision in Smith v. Venus Condominium Ass’n, Inc., affects present day recording practices under Sections 28.29 and 55.10, Florida Statutes (1975), our decision in this case does not. Therefore, even if our Supreme Court should determine that the companion decision should not have discounted the 1972 amendments to Sections 28.29 and 55.10, this decision hopefully will survive to indicate legislative restoration of the statutes on which it is based....
...To facilitate Supreme Court review of our decision, we certify that it passes on a question of great public interest. AFFIRMED. MILLS, Acting C. J., and ERVIN, J., concur. . Chapters 71-56, effective January 1, 1972, and 72-320, Laws of Florida, respectively Section 55.10, Florida Statutes (1971) and Section 28.29, Florida Statutes (1973), quoted text infra. . 1 Fla.Real Prop.Prac. (2d ed.) 341: “[T]he court made a valiant effort to undo the unfortunate effect of the 1967 legislative action.” Chapter 67-254, Laws of Florida, had deleted the prior requirement of Section 55.10 that a certified transcript of the judgment be recorded in the Judgment Lien Record or in the Official Records of counties employing the unified record authorized by Section 28.221, Florida Statutes....
...No distinction was made with respect to real estate in the county of rendition and real estate in other counties. The change was made by Fla.Laws 1939, ch. 19270, which became effective June 5, 1939. The pertinent portions of that law were reflected by F.S. 55.10 before its amendment by Fla.Laws 1967, ch....
...In an opinion adopting Dade Federal’s reasoning on February 15, 1972, the Attorney General stated that recordation of a judgment in the clerk’s minutes is necessary to give “verity”, to the judgment and that recordation in the Official Records is only to satisfy the liening statute. Section 55.10....
...of judgments. . “The clerk may keep minutes of court proceedings. The action of the court shall be noted in the minutes, but orders and judgments shall not be recorded in the minutes.” . In opinions supporting Dade Federal’s interpretation of Section 55.10, the Attorney General warned of the consequences in federal law of treating state and federal court judgments differently....
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Grant v. Louis (In re Coleman), 192 B.R. 268 (Bankr. M.D. Fla. 1995).

Published | United States Bankruptcy Court, M.D. Florida | 9 Fla. L. Weekly Fed. B 313, 1995 Bankr. LEXIS 1982

...the validity, extent or priority of an asserted lien against property of the estate. Defendants’ assert that the recorded Final Judgment of Dissolution of Marriage is a lien on real property of the Debtor in Columbia County, pursuant to Fla. Stat. § 55.10 ....
...ree of the asserted lien under 11 U.S.C. § 363 (f)(4). The sole issue presented for determination in both the Plaintiffs and Defendants’ Motions for Summary Judgment is whether the $40,000 attorney’s fee award is a judgment lien under Fla.Stat. § 55.10. CONCLUSIONS OF LAW Florida Statute, Section 55.10 is the general lien statute for the state of Florida....
...4th DCA 1991), the Court held that an order awarding attorney’s fees did not create a judgment lien, because the order was a non-reeordable instrument. However, in its one paragraph opinion, the Court did not explain why it was a nonrecordable instrument, merely citing Fla.Stat. §§ 55.10 and 28.29 1 ....
...a lien on the real property of the Debtor. The Defendants did not obtain such a judgment, and this Court does not believe that the decree of dissolution of marriage was a final judgment that could create a lien on real property pursuant to Fla.Stat. § 55.10....