CopyCited 27 times | Published | Florida 5th District Court of Appeal | 1994 WL 277906
...5th DCA), review denied,
534 So.2d 401 (Fla. 1988); Ciamar Marcy, Inc. v. Monteiro Da Costa,
508 So.2d 1282 (Fla. 3d DCA 1987). The Adamses' retention of Seymour's personalty following the eviction cannot be justified on the basis of the landlord's lien for unpaid rent established by section
83.08, Florida Statutes (1991), [5] since the establishment of such a lien against property does not confer a right to possess the property against the owner....
...upon seizure of the tenant's property, has been superseded in most jurisdictions, as in Florida, by a statutory remedy. Id. at 212 ( quoting City Building Corp. v. Farish,
292 F.2d 620 (5th Cir.1961)). The Van Hoose court concluded that: Fla. Stat. §
83.08, F.S.A....
...[6] Compliance with the distress statute is the means by which a statutory landlord's lien is enforced. The statute sets forth a clear and straightforward remedy for a landlord who is owed rent to obtain the value of chattel subject to the landlord's lien in satisfaction of the rent claim. §§ 83.08-.18, Fla....
...[3] It appears to have been satisfied through an independent foreclosure proceeding filed against Seymour by a third party. [4] The hearing was apparently not reported. [5] Chapter 83 of the Florida Statutes establishes a lien for rent due a landlord upon all property of the lessee which is "usually kept on the premises." § 83.08, Fla. Stat. (1991). Such a lien is "superior to any lien acquired subsequent to the bringing of the property on the premises leased." § 83.08(2), Fla....
CopyCited 16 times | Published | District Court, S.D. Florida | 1972 U.S. Dist. LEXIS 12177
...The landlord's remedies against delinquent tenants are not abrogated by a holding that Florida Statutes §§
713.67,
713.68, and
713.69, F. S.A., are unconstitutional. The landlord may turn to Chapter 83, Florida Statutes, F.S.A. It should be noted that §
83.08 of Chapter 83 creates a landlord's lien for rent; however, under Florida law this is not a self-executing lien....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...as follows: * * * * * * "(2) Upon all other property of the lessee or his sub-lessee or assigns, usually kept on the premises. This lien shall be superior to any lien acquired subsequent to the bringing of such property on the premises leased." F.S. § 83.08, F.S.A....
CopyCited 7 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 147, 1994 Fla. LEXIS 454, 1994 WL 102636
...HARDING, Justice. We review Mathias v. Walling Enterprises, Inc.,
609 So.2d 1323, 1333 (Fla. 5th DCA 1992), in which the Fifth District Court of Appeal certified two questions of great public importance: I. DOES A STATUTORY LANDLORD'S LIEN PURSUANT TO SECTION
83.08(2) POTENTIALLY REACH AND ENCOMPASS A TENANT'S LIQUOR LICENSE? II....
...t in the license. §§
561.32,
561.65, Fla. Stat. (1985). However, possessing a "quality of property" and being subject to transfer or creditors' claims does not make a liquor license property for purposes of a landlord's possessory lien pursuant to section
83.08(2)....
...Although the liquor license pertains to a specific location, it is only the certificate of license and not the license itself that is physically located on the premises. Thus, a landlord's statutory lien for rent cannot attach to the license because it is not "property of the lessee ... usually kept on the premises." § 83.08(2), Fla....
...1992), this Court held that the filing with the Division under section
561.65(4) is sufficient to perfect a security interest in a liquor license and that a duplicate filing with the Secretary of State under the provisions of the Uniform Commercial Code was unnecessary. [3] Section
83.08, Florida Statutes (1985), provides in pertinent part: Every person to whom rent may be due, his heirs, executors, administrators or assigns, shall have a lien for such rent upon the property found upon or off the premises leased or rented, and in the possession of any person, as follows: ......
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...Shutts & Bowen and Robert C. Sommerville; Kimbrell & Bailey Miami, for appellees. Before CHARLES CARROLL, BARKDULL and SWANN, JJ. BARKDULL, Judge. Involved in this appeal is a priority of liens. We hold that a landlord's lien [pursuant to provision of § 83.08, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...hout resort to statutory distress. [6] Our conclusion is that the defendant's lien, which was procedurally unperfected, did not give him the right to assume and withhold possession of the plaintiff's property in the manner indicated; that Fla. Stat. § 83.08, F.S.A....
...rida. "WHEREFORE Plaintiff demands return of his property, damages in the sum of $500.00 for wrongful detention and costs of this action." [2] Although the answer did not track the language of the statute, defendant claims his right under Fla. Stat. § 83.08, F.S.A. which provides: "Every person to whom rent may be due, * * * shall have a lien for such rent upon the property found upon or off the premises leased or rented * * *." [3] See Fla. Stat. § 83.08, subsections (2) and (3), F.S.A....
CopyCited 5 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 374, 24 U.C.C. Rep. Serv. 2d (West) 1249, 1994 Fla. LEXIS 1006, 1994 WL 318490
...Kastner offered to buy the license for $95,000. McMackin passed Kastner's offer along to Barnett, which then sold the license for $105,000 to Hickory Point. Flanigan's filed suit against Barnett asserting a landlord's lien on the liquor license for Level 3's past-due rent. See § 83.08, Fla....
...The court acknowledged conflict with Hanus and Littman, wherein the courts found liability under section
818.01. We note that chapter 83, Florida Statutes (1977), sets out the rights of landlords and tenants and provides that landlords shall have a lien on tenant property for past-due rent:
83.08 Landlord's lien for rent....
...of any person, as follows: .... (2) Upon all other property of the lessee or his sublessee or assigns, usually kept on the premises. This lien shall be superior to any lien acquired subsequent to the bringing of the property on the premises leased. § 83.08, Fla....
...The determinative question is whether Flanigan's held a landlord's lien on the liquor license. This Court recently addressed this issue in Walling Enterprises, Inc. v. Mathias,
636 So.2d 1294 (Fla. 1994), wherein we held that a liquor license is not "property" for section
83.08 purposes: The district court erroneously assumed that a certificate of license displayed on a *619 vendor's premises is actually the liquor license....
...Although the liquor license pertains to a specific location, it is only the certificate of license and not the license itself that is physically located on the premises. Thus, a landlord's statutory lien for rent cannot attach to the license because it is not "property of the lessee ... usually kept on the premises." § 83.08(2), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1992 WL 16662
...Alkow Realty, Inc.,
453 So.2d 514 (Fla. 4th DCA 1984); Oxford Int'l Bank & Trust, Ltd.,
374 So.2d at 54. In addition, Radice has other remedies at law that preclude injunctive relief here. It claims a landlord's lien on the subject property pursuant to section
83.08....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 459, 1985 Fla. App. LEXIS 12578
...SMITH, Judge. Sachs appeals a final summary judgment of foreclosure rendered in favor of appellee Curry-Thomas Hardware ("Curry-Thomas"). Sachs contends that the trial judge erred in finding that a landlord's lien asserted by Curry-Thomas, pursuant to Section 83.08, Florida Statutes (1983), was superior to a purchase money security lien asserted by Sachs in certain personal property located on real property owned by Curry-Thomas....
...Curry-Thomas refused to allow Sachs to reclaim the property, instead instituting this foreclosure proceeding in the circuit court, naming Sachs and Barnes as party-defendants. [1] Curry-Thomas asserted a landlord's lien against the personal property on the leased premises, including the equipment and appliances, pursuant to Section 83.08(2), Florida Statutes....
...Sachs also counterclaimed, contending that Curry-Thomas converted Sachs' personalty by refusing to allow him to repossess it under his security agreement with the Barneses. After both parties moved for summary judgment, the trial judge denied Sachs' motion, but granted Curry-Thomas' motion, citing Section 83.08, Florida Statutes, and G.M.C.A....
...the Clerk of the Circuit Court for Duval County as well as the Secretary of State, the lease between Barnes and Curry-Thomas was not signed until January 8, 1983, and was effective, at the earliest, on January 1, 1983. Sachs further urges that while Section 83.08(2) provides that a landlord's lien is superior to all liens acquired after property to which the lien attaches is brought onto the leased premises, [2] the case law interpreting Section 83.08 and its predecessors requires the commencement of a tenancy before the landlord's lien will have its statutorily-mandated priority....
...Here, Sachs contends, no lease had been consummated between Curry-Thomas and Barnes until after Sachs acquired his lien on the equipment. Thus, he contends, since no tenancy had commenced prior to the acquisition of the lien he asserts, the priority granted to Curry-Thomas' landlord's lien by Section 83.08(2) is inapplicable, citing Ruge v....
...claimed priority with respect to their respective claims to the compress machinery. The Florida Supreme Court held that Ruge failed to establish its statutory entitlement to a landlord's lien on the compress machinery (under a predecessor statute to Section 83.08(2)) because no lease was in existence at the time the chattel mortgage lien in favor of Webb Press Company was perfected....
...Here, on the other hand, there existed at all times material to this cause a tenancy based on a lease, under which Curry-Thomas could have initiated an action for unpaid rent. The initial lease was between Sachs and Curry-Thomas. At this time, pursuant to Section 83.08(2), Florida Statutes (1981), a landlord's lien in favor of Curry-Thomas attached to all property of Sachs, including the restaurant equipment and appliances "usually kept on the premises." Since Sachs' security interest was not perfecte...
...having to search various official records for intervening perfected liens before releasing the property to another tenant following rental defaults by an existing tenant. We do not believe that such a result can be supported under a plain reading of Section 83.08(2). Accordingly, we affirm the judgment below. [5] AFFIRMED. MILLS and NIMMONS, JJ., concur. NOTES [1] Mr. Barnes, in the meantime, had since disappeared, and failed to defend the foreclosure action, whereupon a default was entered against him. [2] Section 83.08 provides in pertinent part: Landlord's lien for rent Every person to whom rent may be due ......
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 2455, 1989 Fla. App. LEXIS 5842, 1989 WL 120868
...Cohen, Miami, for appellant. Fine Jacobson Schwartz Nash Block & England, and Anthony J. Carriuolo, Miami, for appellee. Before NESBITT, BASKIN and GERSTEN, JJ. GERSTEN, Judge. This is an appeal from a final judgment of foreclosure in favor of a landlord pursuant to section 83.08, Florida Statutes (1987)....
...basis. The landlord and the tenant then entered into a third, separate, distinct lease with new terms and conditions. The tenant, however, did not fulfill its obligations under this last lease. The landlord claimed a statutory landlord's lien under section 83.08, Florida Statutes, against the tenant's personal property on the leased premises....
...ntinues. The landlord thus claims a prior and perpetual landlord's lien, regardless of the separate and distinct leases entered into, so long as the landlord and the tenant remain the same. We disagree with the landlord and agree with the appellant. Section 83.08, Florida Statutes, provides in pertinent part: Every person to whom rent may be due, ......
...Again, that is simply not the case, here. In this case, there are multiple, separate and distinct leases with varying terms and conditions. We hold that when the commencement of a tenancy, based upon a lease, creates a statutory landlord's lien, pursuant to section 83.08, Florida Statutes, such lien is viable only as long as the underlying lease exists....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1992 WL 217080
...The trial court then adjudicated the relative priorities of Walling and the investor group. I. Statutory Landlord's Lien Attaches to a Lessee's property Interest in a Liquor License. Florida law has recognized that a landlord's statutory lien for rent under section 83.08(2) [1] can attach to a lessee's liquor license located on the leased premises....
...gate this historic distinction between possessory and non-possessory liens when it enacted section
561.65(4). The purpose of recording is to place subsequent lienors and holders of security interests on notice of the prior lien or security interest. Section
83.08(2) puts such subsequent lienors and holders of security interests on notice that a debtor's landlord has a lien upon the lessee's property superior to any lien acquired subsequent to the bringing of the property upon the leased premises....
...roceeded to establish the relative priorities of Walling and the investor group. I. Priority of Investor Group's Security Interest in Liquor License over Walling's Landlord's Lien. Assuming (for the moment) that a landlord's lien for rent created by section 83.08(2) can automatically attach to a tenant's liquor license, two questions arise....
...First, did it "arise" in this case before the Bank perfected its security interest? And second, was the landlord (Walling) required to file notice of its lien with the Division pursuant to section
561.65(4) in order to become perfected? Pursuant to section
83.08(2), in order for a landlord's lien to arise, first the lease term must have commenced and second, some property of the tenant's must be on the premises when the term begins, or it must be later brought on the premises by the tenant (and usually kept there)....
...ent lien. The Florida Supreme Court answered this question in the affirmative and held that filing under the Uniform Commercial Code was unnecessary. Implicit in that holding is the determination that a statutory landlord's lien, arising pursuant to section 83.08(2), must be perfected by appropriate filing with the Division to prevail over a subsequent perfected interest....
...In the instant case, the record clearly shows that the investor group held a perfected security interest, but that Walling never perfected its lien by the appropriate filing. Thus, the investor group's perfected *1331 interest has priority over the unperfected statutory landlord's lien. II. A Statutory Landlord's Lien Under Section 83.08(2) Does Not Attach to a Lessee's Property Interest in General Intangibles ( i.e., a Liquor License). On a more basic level, I would conclude that the trial court's judgment must be reversed because I respectfully disagree with Yarbrough that the statutory lien provided for landlords in section 83.08(2) automatically reaches and attaches to that bundle of rights created by the issuance of a license to sell alcoholic beverages at a certain location....
...Yarbrough was decided before Florida adopted its version of the UCC, effective January 1, 1967. If that court had considered the nature of a lessee's property rights in a beverage license, the definitions and categorization of various kinds of personal property by the UCC, and the language used by section 83.08(2), I do not think it would have reached the same conclusion....
...[9] But, it is "license" in its primary sense which gives a beverage license its property value as a general intangible. Seizing the paper certificate itself avails the seizer of no rights or privileges. Thus, I conclude that the landlord's lien provided for in section
83.08(2) was never intended to attach to incorporeal or intangible property rights such as accounts or general intangibles. By its own express and limiting language, it applies only to property which is tangible, has substance and form and can be said to have a "location." See Orr v. Peek,
142 Fla. 160,
194 So. 341 (1940) (defining the "usually kept" phrase of section
83.08(2) as meaning "property regularly and habitually if not continuously kept on the premises ...")....
...beverage license is a special type of general intangible. Although it may pertain to a specific location, it is not located there, and it is much more than the paper certificate evidencing its issuance. Thus, the statutory landlord's lien for which section 83.08(2) provides does not attach to a license to sell alcoholic beverages merely because a tenant places a license certificate on the wall of a tavern while the premises are being leased....
...ON MOTION FOR REHEARING AND CERTIFICATION PER CURIAM. We deny appellee's motion for rehearing, but we grant its motion to certify this case as one which passes on questions of great public importance: [1] I. DOES A STATUTORY LANDLORD'S LIEN PURSUANT TO SECTION 83.08(2) POTENTIALLY REACH AND ENCOMPASS A TENANT'S LIQUOR LICENSE? II....
...; AND TO HAVE PRIORITY OVER A COMPETING CREDITOR WHO HAS FILED, MUST THE LANDLORD HAVE FILED FIRST? GOSHORN, C.J., and DAUKSCH, W. SHARP, HARRIS, PETERSON and GRIFFIN, JJ., concur. COBB, COWART and DIAMANTIS, JJ., dissent, without opinion. NOTES [1] Section 83.08(2) states: 83.08 Landlord's lien for rent....
...The notice of lien document filed with the Division (stamped October 17, 1986), disclosing the bank's security interest in the liquor license took effect on August 28, 1986. [2] See also In re Coed Shop,
435 F. Supp. 472 (N.D.Fla. 1977), affirmed,
567 F.2d 1367 (5th Cir.1978). [3] Section
83.08(2), Florida Statutes (1985) provides: Every person to whom rent may be due shall have a lien for such rent upon the property found upon or off the premises leased or rented, and in the possession of any person, as follows....
...[6] See Annotation, Liquor License Subject to Execution or Attachment, 40 A.L.R.4th 927 (1985). [7] Annotation, Construction and Effect of UCC Art. 9, Dealing with Secured Transactions, Sales of Accounts, Contract Rights, and Chattel Paper, 30 A.L.R.3d 9 (1970). [8] § 83.08(2), Fla....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 1983 Bankr. LEXIS 6188
...t be placed in jeopardy as a result of the tenant's possible default in rent payments. M & H was, no doubt, aware that pursuant to Florida law, a landlord can assert a possessory lien against the chattels of the tenant to secure payment of the rent, § 83.08(2) Fla.Stat....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 19 U.C.C. Rep. Serv. 2d (West) 1230, 1993 Fla. App. LEXIS 2407, 1993 WL 55934
...That section is a criminal statute which prohibits the sale of personal property subject to a lien without the consent of the lienholder. Flanigan's held an unperfected security interest in a liquor license and belatedly asserted a superior statutory landlord's lien pursuant to section 83.08(2), Florida Statutes (1977)....
...SHARP, J., concurs and concurs specially with opinion. W. SHARP, Judge, concurring specially. STATUTORY LANDLORD LIEN In my view there is an additional reason this case should be affirmed. I do not think the statutory landlord's lien for rent created by section 83.08(2) attaches to a lessee's interest in a liquor license, which is a general intangible....
CopyCited 3 times | Published | District Court, S.D. Florida | 1973 U.S. Dist. LEXIS 15163
...ages and caused the Clerk to issue a distress writ. The Plaintiff's personal property was then seized pursuant to the Writ of Distress served by the Defendant, Sheriff of Dade County. The issue in this cause is whether the Florida Distress Statutes,
83.08,
83.09,
83.11,
83.12,
83.13,
83.14,
83.15,
83.18 and
83.19, are unconstitutional in that they permit and authorize the taking of property without due process of law. Section
83.08, Florida Statute provides for a landlord's lien for rent upon the property found upon or off the premises leased or rented with certain property of the tenant being exempt from distress (F.S.83.09)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 9 A.F.T.R.2d (RIA) 504
...Gen., for appellant. Richard T. Stierer, and Adams & Kramer, West Palm Beach, for appellees. SMITH, Judge. Samuel Weissman and Beth Weissman, his wife, some of the appellees here, filed their complaint to foreclose a landlord's lien for rent given by Section 83.08, Florida Statutes, F.S.A....
...*237 The appellees contend that under the laws of the State of Florida the landlord had a perfected lien which existed prior to the date of the recording of the federal tax liens (except the one of August 5, 1955) and that the principle of first in time is first in right applies in this instance. Section 83.08, Florida Statutes, F.S.A., provides, in effect, that every person to whom rent may be due shall have a lien for such rent upon all property of the tenant usually kept on the premises and that this lien shall be superior to any lien acquired subsequent to the bringing of such property on the leased premises....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1992 WL 12148
...If third parties are involved, Section 2-403(1) protects good faith purchasers. See PEB Commentary No. 1, dated March 10, 1990. PEB Commentary No. 1, 3A Uniform Laws Annot. (Supp. 1991), at 286. [6] This was in addition to the statutory lien created by section 83.08, Florida Statutes (1989) ("Landlord's lien for rent"), which landlord's lien was superior to any other lien acquired subsequent to the bringing of the property onto the premises leased....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida. | 1988 Bankr. LEXIS 685
...atisfy their claim for unpaid rent and for use and occupancy of their land, they have furnished no lawful basis to retain any more than that sum and their related legal and sales expense from the $76,000 which they received from the sales. Fla.Stat. § 83.08 (1987)....
...Although both the truck and the plant appeared to have been abandoned, title was in the plaintiff/chapter 11 debtor-in-possession. Federal law controls and this property had not been abandoned. § 554. The Jones' right to sell the debtor's property left on the leased premises was governed by Fla.Stat. § 83.08(2), which gives the landlord a lien: "Upon all other property of the lessee or his sublessee or assigns, usually kept on the premises....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1995 WL 637513
...statement. The purchaser of the converter, who did not pay for it, abandoned the leased premises, and the landlord and the seller each claimed that they were entitled to the converter the landlord by virtue of its statutory landlord's lien under section
83.08(2), Florida Statutes (1989), and the seller by virtue of a right of reclamation under section
672.507(2), Florida Statutes (1989). Section
83.08 provides in part: Landlord's lien for rent....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1994 WL 700669
...paid. Thus, the trial court necessarily determined that these suppliers had claims in one-half of the removed property that were superior to Lynch's landlord lien. We conclude that such a determination was erroneous in light of the record evidence. Section 83.08(2), which the trial court correctly applied to this case, confers a landlord's lien for rent "[u]pon all other property of the lessee or his sublessees or assigns, usually kept on the premises....
...operty either prior to the commencement of the lease or prior to the property being placed on the leased premises. [7] Additionally, the record is devoid of any evidence that Lynch agreed to subordinate its lien to that of the suppliers. Thus, under section 83.08(2), Lynch's landlord lien attached to the full value of the removed property and was superior to the claims which these appellees alleged were due Splendid Swan's suppliers for unpaid inventory....
...h's landlord lien by one-half. We, therefore, reverse the award of this offset and remand for the entry of an amended judgment. Affirmed in part, reversed in part, and remanded with directions. PARKER, A.C.J., and ALTENBERND, J., concur. NOTES [1] §§
83.08 and
83.11, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 4039271, 2012 Fla. App. LEXIS 15439
...Costilla argued that Kostas, Inc., Angeles, and Longo were lessees on the lease agreement with Costilla, that Costilla has a landlord lien on the fixtures and equipment owned by Kostas, Inc., and that the lien is superior to any claim by Berdick. See § 83.08, Fla....
...Perdido Key Oyster Bar & Marina, LLC,
88 So.3d 366, 367-68 (Fla. 1st DCA 2012). The record as a whole indicates that in granting Costilla’s motion to dismiss, the trial court concluded that Costilla has a landlord lien for the restaurant equipment at issue under section
83.08 because Kostas, Inc., was a lessee of the property. Section
83.08 provides the following: Every person to whom rent may be due, the person’s heirs, executors, administrators[,] or assigns, shall have a lien for such rent upon the property found upon or off the premises leased or rented, and in the p...
...This lien shall be superior to any lien acquired subsequent to the bringing of the property on the premises leased. (3)Upon all other property of the defendant. This lien shall date from the levy of the distress warrant hereinafter provided. (Emphasis added.) Section 83.08(2) clearly provides that Costilla has a superior lien against the property of the lessee or his or her sublessees or assignees, usually kept on the premises....
...asserted by Costilla applies in this case. The complaint alleged that Longo was the lessee on the lease with Costilla and that Kostas, Inc., was not a lessee on the lease. Therefore, based on those factual allegations alone, Costilla does not have a section 83.08 lien on property owned by Kostas, Inc., that would serve to defeat appellants’ claims against Costilla....
...as a lessee, the complaint admitted that Kostas, Inc., through Longo, was operating a restaurant on the property. Costilla claims that based on the facts as alleged in the complaint, Kostas, Inc., was essentially an assign or sublessee of Longo. See § 83.08(2)....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 12504, 1995 WL 699890
...ms such as the length of the lease and calculation of rent due. Execution of both the lease termination agreement and the new lease agreement were for the mutual benefit of landlord and tenant. At this time, tenant was current in its lease payments. Section 83.08, Florida Statutes (1993), provides in relevant part: Landlord’s Lien for rent....
...ttaches at the commencement of the tenancy or as soon as the property is brought onto the premises. Lovett v. Lee,
141 Fla. 395 ,
193 So. 538, 542 (Fla.1940); Beason-Simons v. Avion Technologies, Inc.,
662 So.2d 1317 (Fla. 4th DCA November 1, 1995). Section
83.08 therefore granted priority to landlord’s lien derived from the original lease over the subsequently perfected chattel mortgage....
...d has ended, the lease’s terms and conditions fulfilled, and a new lease is entered into between the same landlord and the same tenant.... [W]hen the commencement of a tenancy, based upon a lease, creates a statutory landlord’s lien, pursuant to section 83.08, Florida Statutes, such lien is viable only as long as the underlying lease exists....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 21 Fla. L. Weekly Fed. B 551, 2008 Bankr. LEXIS 3135
...Washington ( In re Washington ),
242 F.3d 1320, 1322-23 (11th Cir. 2001); Grant v. Kaufman, P.A. ( In re Hagen ),
922 F.2d 742, 744 n. 2 (11th Cir.1991)( citing Matter of Fitterer Eng'g Assoc., Inc.,
27 B.R. 878, 880 (Bankr. E.D.Mich.1983)). Florida Statute section
83.08 governs the creation of a landlord's lien for rent due and owing. Section
83.08 states: Every person to whom rent may be due, the person's heirs, executors, administrators or assigns, shall have a lien for such rent upon the property found upon or off the premises leased or rented, and in the possession of any pers...
...This lien shall be superior to any lien acquired subsequent to the bringing of the property on the premises leased. (3) Upon all other property of the defendant. This lien shall date from the levy of the distress warrant hereinafter provided. Fla. Stat. § 83.08 (2008)....
...ended, the lease's terms and conditions fulfilled, and a new lease is entered into between the same landlord and the same tenant... We hold that when the commencement of a tenancy, based upon a lease, creates a statutory landlord's lien, pursuant to section 83.08, Florida Statutes, such lien is viable only as long as the underlying lease exists....
CopyPublished | District Court of Appeal of Florida | 1958 Fla. App. LEXIS 2854
...It is contended that service of process was never had upon the appellant and for this reason the trial court was without jurisdiction and the resulting judgment was void. The answer to this proposition lies in the fact that distress for rent is a statutory summary proceedings in rem. Section 83.08, Fla.Stat., F.S.A., gives a landlord a statutory lien for rent upon a tenant's property brought upon the land....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15426
...The Browns had a mobile home located on the property which they agreed would be removed within two weeks. This was never done. The trailer remained on the property for almost three years, and Cabré filed an action in September, 1976, asking distress for rent and seeking a lien under Section 83.08, Florida Statutes (1975), for the fair market rental value of the two acre plot....
...Pillans & Smith Co., Inc. v. Lowe,
117 Fla. 249 ,
157 So. 649 (1934); West’s Drug Stores, Inc. v. Allen Inv. Co.,
125 Fla. 823 ,
170 So. 447 (1936). That lien came into existence not when the action in distress for rent was brought, but when the tenancy came into being. Section
83.08(2) allows a lien to a landlord for rent: “Upon all other property of the lessee or his sub-lessee or assigns, usually kept on the premises....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1 Collier Bankr. Cas. 2d 793, 1980 Bankr. LEXIS 5392
claims a landlord’s lien against the property under §
83.08, Florida Statutes. (C.P. No. 56) The facts are
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5649
...d to execution and sale of the goods distrained, cannot thereafter enforce recovery of a judgment against these goods for a sum in excess of the amount originally sought even though due at the time the distress affidavit was originally filed. F.S.A. § 83.08 provides that the person to whom rent may be due shall have a lien for such rent upon the property found and usually kept upon the premises rented....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 7 Fla. L. Weekly Fed. B 166, 1993 Bankr. LEXIS 914, 1993 WL 255867
...American Therapeutic Massage Clinic, Inc. in which Boozer sought damages against the corporation for breach of lease, describing the corporation as the tenant and Boozer as the landlord. The claim in Count II of the Complaint was based on Fla.Stat. § 83.08, and sought a landlord lien against the personal properties of the corporation, American Therapeutic Massage Clinic, Inc., located on the premises....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5741
...of justice in the order which was entered and the same is affirmed. CROSS and McCAIN, JJ., concur. . Lovett v. Lee, 1940,
141 Fla. 395 ,
193 So. 538 ; McKesson & Robbins, Inc. v. Taft St. Shopping Center, Fla.App.1966,
184 So.2d 210 ; F.S.1965, Section
83.08, F.S.A....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 353, 1992 Fla. LEXIS 1028, 1992 WL 125114
...omply with due process requirements. We further hold that the distress.for rent *1250 statute was constitutionally applied to the facts of this case. It is so ordered. SHAW, C.J., and OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. . Under section 83.08, Florida Statutes (1989), Brasseria’s failure to make the lease payments granted Goodman a lien interest in the property located on the leased premises....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 72 U.C.C. Rep. Serv. 2d (West) 575, 22 Fla. L. Weekly Fed. B 257, 63 Collier Bankr. Cas. 2d 872, 2010 Bankr. LEXIS 185, 52 Bankr. Ct. Dec. (CRR) 197
...undermines Lessor's related argument that the Rejection Motion should be denied because rejection of the Lease would give rise to a substantial secured rejection claim. [23] Lessor also claims it has a landlord's lien for rent pursuant to Fla. Stat. § 83.08....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5858
...t rent “which may be then due and payable in praesenti,” or due at the time the proceeding was initiated. In re J. E. De Belle Co., D.C.S.D.Fla.1923,
286 F. 699, 701 . It is apparent that the court was indicating that the landlord’s lien, F.S. Section
83.08, F.S.A., and distress proceedings were available only for rentals accrued to the time of institution of the distress proceeding and not for unmatured rent installments yet to fall due....
CopyPublished | Supreme Court of Florida | 1954 Fla. LEXIS 1098
...d summary final decrees in favor of Apopka, dismissing it as a party defendant to the suits. The parties do not agree upon the question before this court. Apopka’s questions all relate to the basic question of whether a landlord’s lien for rent, Section 83.08, Florida Statutes 1953, F.S.A., will take precedence over a mechanic’s lien under the-circumstances here present....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1981 Bankr. LEXIS 3053
...(4) is a lien of distress for rent.” Even if the Defendant, Landlord was entitled to rent for the period of time in February that the Debtor occupied the premises, the taking of the personal property in satisfaction of any purported Landlord’s lien under Fla.Stat. § 83.08(3) is voidable by the Trustee in this action....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 4487, 1992 WL 79302
...In April 1990, Water Place wrote to Liberty demanding that it release any lien against the property owned by Water Place. Water Place filed suit seeking, among other things, to foreclose its landlord’s lien on Chinese Creations’ personalty pursuant to section 83.08, Florida Statutes (1989)....
