Florida/Georgia Personal Injury & Workers Compensation

...n the property; he acquires the property. (Otherwise, how could even a subsequent creditor ever obtain a security interest in anything but the debtor's "equity"?) It is the seller of the property that retains only a security interest. See Fla. Stat. § 672.401(1), F.S.A....

...defines "security interest" as follows: "`Security interest' means an interest in personal property or fixtures which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (§ 672.401 is limited in effect to a reservation of a "security interest' ......

...This Court has clearly stated that the absence of a Florida title certificate does not indicate the absence of a valid title, but rather the absence of a marketable title. Motor Credit Corporation v. Woolverton, 99 So.2d 286 (Fla. 1957). See Fla. Stat. § 672.401(2) (1969)....

...n than he had been aware of. Grimm was the legal owner of an automobile which was about to be repossessed. With respect to respondent's argument that the sale to Grimm was never completed so no titled passed, it is sufficient to point out Fla. Stat. § 672.401(2) (1969), which provides that title passes "* * * at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a d...

...Sections 672.319(1)(a), 672.504 and 672.509(1)(a). Moreover, if the contract requires the seller to send the goods to the buyer and does not require him to deliver at the place of destination, title passes to the buyer at the time and place of shipment. Section 672.401(2)(a)....

...in the collateral. Accordingly, we now recede from International Harvester. Pursuant to the Code, when the buyer takes possession of property under a credit sales contract, he acquires the property, not merely an equity interest in the property. See § 672.401(1), Fla....

...This argument fails because it contradicts the definition of "delivery" as used throughout the UCC. Although the UCC does not provide a definition of the term "delivery" as it relates to the delivery of goods, [1] Section 2-401, passing of title, is analogous to delivery. UCC § 2-401, as adopted by Fla. Stat. § 672.401(2) provides, Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading;. . . . Fla. Stat. § 672.401(2)....

..." when they were recovered. Defendant claims that its understanding with all its customers was that goods delivered remained the property of the defendant until paid for and that the debtor's failure to pay revested title in the defendant. Fla.Stat. § 672.401(1) (U.C.C....

...6.3 of the Sales Agreement, Mitel retained title to the equipment until the purchase price of the equipment was paid in full and therefore is the owner of the equipment. In considering whether Mitel is in fact the owner of the equipment, Fla.Stat. 672.401, which governs the passing of title and reservation of a security agreement under a contract for the sale of goods, is pertinent and provides in part as follows: "any retention or reservation by the seller of the title ....

...beneficial interest with control and authority over the use of the vehicle, the common law of sales is available to test the liability of a non-complying seller. That law is now codified in the Uniform Commercial Code, and applicable to this sale is section 672.401(2), Florida Statutes (1985), which provides: Unless otherwise explicitly agreed title passes to the buyer at the time and place at which seller completes his performance with reference to the physical delivery of the goods, despite an...

the Florida Uniform Commercial Code, Fla. Stat. § 672.401, the retention by Sears of the title and the goods

...the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place: and in particular and despite any reservation of a security interest by the bill of lading. FLA. STAT ANN. § 672.401(2) (West 2004)....

...s UCC provisions. While we agree with both Coastal and the trial judge that timber may now be classified as “goods” pursuant to sections 672.107(2) and 679.105(l)(h), Florida Statutes, we find Coastal’s reliance on these provisions, as well as section 672.401(3)(b) misplaced, since under section 672.401(1) “irrespective of the title to the goods,” sales under chapter 672 remain subject to recording requirements of chapter 679 relating to secured transactions....

...rchasers until a certificate of title has been duly issued in accordance with Florida law. Of course, absent any such specific statutory requirements the applicable section of Florida’s version of the Uniform Commercial Code (U.C.C.) would govern. Section 672.401, Fla.Stat....

.Urging a contrary result, the bank invokes § 672.401(3)(b), Florida Statutes, in support of its contention

from the seller to the buyer for a price." Section 672.401(2), F.S., states that: "Unless otherwise explicitly

...The Trustee’s primary argument in this case is that no sale to the Defendant was complete because all the machines are alike, and no particular machines were sold to FOOSANER. Two (2) sections of the Uniform Commercial Code have a bearing on the issue. Fla.Stats., § 672.401 provides, in pertinent part: ......

...Article II of the Uniform Commercial Code does not define `purchase,' but the term `sale' is specifically defined in the Code, which is incorporated in the Florida Statutes. Section 672.106 (1), F.S., states that `[a] `sale' consists in the passing of title from the seller to the buyer for a price . . . .' Section 672.401 (2), F.S., states that `[u]nless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods . . . .' See also ss 672.501 (1), (a) and (b), F.S. The remaining question is then, at what point does the seller complete performance with reference to the physical delivery? This is answered by subparagraphs (a) and (b) of s 672.401 (2), F.S....

...Thus, since the sale would take place within the corporate limits of the City of Tampa, the tax in question will be due from the seller, regardless of whether the shipment is with or without a prepayment type arrangement. See the official comments of the Uniform Commercial Code after s 672.401 , F.S.A., Pestana v....

trial court’s determination, consistent with section 672.-401(2), Florida Statutes (1985), that title to