CopyCited 16 times | Published | District Court, S.D. Florida | 1972 U.S. Dist. LEXIS 12177
...LIEN PROVISIONS The remainder of §
713.67 and all of §§
713.68 and
713.69 grant the landlord a lien over the personalty of the tenant *186 if and when he becomes delinquent in his rent. These liens are enforced by means of Chapter 85, Florida Statutes, F.S.A. Chapter 85, Florida Statutes, §§
85.011 et seq., F.S.A., provides for the enforcement of all Chapter 713 liens, including the landlord's lien. Section
85.011 provides: All liens on real or personal property provided for by part I or part II of Chapter 713, Florida Statutes, are enforceable by persons in privity with the owners, except when otherwise provided, as follows: (1) Retention of po...
...the tenant's property in. Nor is there a time provision requiring the landlord to bring an action within a specified time after such lockout. The lockout and imposition of the lien can all be accomplished without notice to the tenant. In fact, under § 85.011(1) the landlord could apparently proceed without ever bringing an action, or he need not bring one for three months....
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...enforce a lien against a transfer bond. The court also held that the county court is vested with jurisdiction to entertain such actions. We disagree with both conclusions. First, the circuit court's opinion ignores the plain language of Chapter 85. Section 85.011, Florida Statutes (1981), indicates that "[a]ll liens on real or personal property provided for by part I or part II of chapter 713 [the Mechanics' Lien Statute] are enforceable ......
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 1986 Bankr. LEXIS 5038
...On June 16, 1986, PBA filed its Objection to Allowance of Attorney's Fees to Counsel for Sekman Aviation Corp. PBA's objection to attorney's fees of Sekman's counsel raises legal objections that no fees can be allowed as a matter of law pursuant to § 506(b) of the Bankruptcy Code and Florida Statute § 85.011....
...1981), relied on by PBA is nonapplicable. In contrast, PBA's objections to attorney's fees can be summarized as follows: (1) Sekman is not entitled to attorney's fees pursuant to 11 U.S.C. § 506(b); (2) Sekman is not entitled to any fees under Florida Statute § 85.011(5) for the following reasons: (A) Sekman would not be entitled to bring an action under § 85.011(5) since its lien includes charges for materials and parts furnished, not just labor performed; (B) Sekman did not, in fact, file a summary action under § 85.011(5) and cannot claim fees under that statute; (C) The "mode and substance" of Sekman's recovery was not as provided by statute, thus barring recovery; and (D) PBA's offers of payment and adequate protection preclude any award of fees in any...
...There are three major issues which are presented for disposition herein. First, whether Sekman, a holder of a statutory lien, is entitled to payment of attorney's fees pursuant to § 506(b) of the Bankruptcy Code. Second, whether Sekman is entitled *69 to attorney's fees under § 85.011(5) of the Florida Statutes....
...ot extend to the payment of fees under § 506(b). Sekman's secured status arises under Part II of the Florida Statutes creating mechanics' liens. Fla.Stat. §§
713.50-713.78 (1985). Part II, unlike Part I, provides no allowance for attorney's fees. Section
85.011 provides the procedure for enforcement of statutory liens and as indicated supra, Sekman relies upon this section to support its entitlement to fees. The attorney's fee provision under §
85.011 is very narrow and would not be allowed under any of the first four subsections. Accordingly, Sekman relies particularly on §
85.011(5). Section
85.011(5)(a) requires the filing "in the court having jurisdiction of the amount of the lien claimed," a Complaint describing the property and which states facts authorizing or creating the lien, and then the claimant is entitled to a summary proceeding provided for under Florida Statute §
51.011. Section
85.011(5)(b) mandates that in the event the issues are found in the plaintiff's favor, judgment shall be entered for the amount found to be due with fifteen percent attorney's fees and costs....
...As to Sekman's labor, the lien could be enforced under Subsection (5), however, no clear delineation between labor and materials has been made. Moreover, Sekman could not file a summary proceeding as required by statute and, therefore, cannot assert any claim for fees pursuant to § 85.011 of the Florida Statutes. PBA maintains that the proper "mode and substance" of Sekman's recovery was pursuant to §§ 361 and 542 of the Bankruptcy Code and not under the lien enforcement statute. Apparently, § 85.011(5) has not been addressed previously by a Bankruptcy Court, but courts have addressed the much broader provision for attorneys' fees under Part I of the mechanics' lien statute....
