The 2023 Florida Statutes (including Special Session C)
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. . . Lloyd appeals a declaratory judgment proclaiming subsection 85.031(2), Florida Statutes (1995), constitutional . . . manner through judicial process, or it may be enforced through the self-help provisions of section 85.031 . . . That section provides: 85.031 Remedies against personal property only; all lienors.— * * * * * * * * . . . the Florida legislature has not invoked state action through the self-help provisions of subsection 85.031 . . . We affirm the trial court’s determination that section 85.031, Florida Statutes (1995) is constitutional . . .
. . . trial court ruled that section 713.585, which concerns liens on motor vehicles, governs over section 85.031 . . . the merits of this appeal, we conclude that the trial court properly ruled that as between sections 85.031 . . . Though the two statutes overlap, section 85.031(2) pertains generally to liens on personal property while . . . type of situation involved here, and were enacted while the more generalized provisions of section 85.031 . . . were in effect, the legislature intended that section 85.031 could continue to govern this situation . . .
. . . Ap-pellee proceeded to sell it in a nonjudicial sale pursuant to Section 85.031(2) Florida Statutes, . . . At issue is what, if any, preclusive effect a nonjudicial sale conducted pursuant to Section 85.031(2 . . . We find nothing in Section 85.031 or elsewhere which indicate an intent that a nonjudicial sale under . . . Section 85.031(2) provides in pertinent part: 85.031 Remedies against personal property only; all lienors . . . The Legislature has not, however, chosen to amend Section 85.031. . . . .
. . . The trial court held that section 85.031(2), Florida Statutes, which pertains to non-judicial sale of . . . The trial court held the vessel was a dead ship, so that the federal law did not preempt section 85.031 . . . 713.60, Florida Statutes, Broward Marine sold the Dagon in accordance with the provisions of section 85.031 . . . III.Whether the trial court erred in determining that section 85.031(2) Florida Statutes applied. . . . However, the vessel in Rich-wagen, that arguably could have been sold under section 85.031 (had that . . .
. . . Additional support for the holding of Eastern Airlines is found in section 85.011(1) and section 85.031 . . . ) months by the person entitled to the lien, if he was in possession at the time the lien attached. 85.031 . . . Third, because sections 85.011 and 85.031, Florida Statutes, provide, respectively, for a three month . . .
. . . 713.58(1) and 713.60, Florida Statutes (1983), Broward Marine sold “the Dagon” pursuant to section 85.031 . . . The trial court agreed, holding that 46 U.S.C.A. § 975 (West 1975) preempts the operation of section 85.031 . . .
. . . to sell a boat which he had bought through a supposedly invalid mechanics’ lien sale under Section 85.031 . . . with Smith for several months, Temple prepared to sell the boat at public auction pursuant to Section 85.031 . . .
. . . Clark answered the letter of the marina, and explained how to sell boats under Florida Statute 85.031 . . . Florida Statutes (1975) and may be enforced by a sale of the personal property pursuant to Section 85.031 . . . However, unlike Section 677.210, Section 85.031 only permits a public sale and does not specify that . . . In the present ease, the sale to appellee was private and not in compliance with Section 85.031. . . . support a lien under Section 713.58, there was non-compliance with the procedures required by Section 85.031 . . .
. . . . § 85.031(2), Fla.Stat. (1977): BY SALE WITHOUT JUDICIAL PROCEEDINGS. — When any person entrusts to . . .
. . . In January 1975 the mobile home was sold at public sale pursuant to § 85.031(3), Fla.Stat. (1973) for . . .
. . . . § 85.031(3) facially, or by an interpretive application, affords sufficient due process to satisfy . . . Fla.Stat. § 85.031(3). Cf. Young v. Robinson, 585 F.2d 723, 725 and nn. 1-3 (5th Cir. 1978). . . . Conclusion The Court declares Fla.Stat. § 85.031(3) to be unconstitutional because it authorizes a final . . . Accordingly, the Court will enjoin enforcement of Fla.Stat. § 85.031(3). . . . Stat. § 85.031(3). . . .
. . . . § 85.031(3). . . . .
. . . issue before the Court is whether the sale of an aircraft conducted pursuant to Florida Statutes § 85.031 . . . “If Florida Statute § 85.031(2) allowed a mechanic in possession to extinguish by sale prior liens, without . . . Therefore, we hold that taking into consideration Sections 85.031(2) and 679.9-310, Florida Statutes . . . By Section 85.031(2), Florida Statutes (1975), the lien holder, Cort, was entitled to sell the plane . . .
. . . . § 85.031 F.S.A. would be applicable. . . . .
. . . . § 85.031 F.S.A. would be applicable. . . . .
. . . . § .1983 and seeks a declaratory judgment that Florida Statutes §§ 85.031(2), 85.031 (3) , 713.58(2) . . . Briefly summarized, the Florida Statutes under attack are as follows: 1. § 85.031(2) — Remedy of lienor . . . against personal property by sale without judicial proceedings after public notice; 2. § 85.031(3) — . . . (2), F.S.A. and in particular § 85.031(3). . . . Florida Statutes § 85.031(2) and (3), F.S.A. are self-help statutes enforced by the private lienholders . . .