CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 12144, 2001 WL 980818
...shall be good and effectual in law or equity [e.s.] against creditors... unless the same be recorded according to law...." [6] By its own terms the statute directly controls equity as well as the law. Priorities of liens are strictly controlled by section 695.11, which places them in the order in which they are recorded....
...ffectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice unless the power of attorney be recorded before the accruing of the right of such creditor or subsequent purchaser."). [e.s.] [7] § 695.11, Fla....
...The sequence of such official numbers shall determine the priority of recordation. An instrument bearing the lower number in the then-current series of numbers shall have priority over any instrument bearing a higher number in the same series."). [e.s.] [8] § 695.11, Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2007 WL 2710771
...sufficient to enforce the covenant against it. Three statutes pertain to instruments as notice. Section
28.222(3)(a), Florida Statutes (2006) provides that leases are one kind of instrument that the clerk of the circuit court is required to record. Section
695.11, Florida Statutes (2006) states that *267 an instrument, like a lease, which is "authorized or required to be recorded" by the clerk "shall be notice to all persons" once it is "officially recorded" pursuant to the statute. We read the "notice" provision of section
695.11 as a general description of the legal effect of recording, rather than as a statement that recording operates as notice to all persons, in all situations....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1988 WL 91164
...Our reversal is founded upon the basic, irrefutable principle that those who subsequently deal with real property are placed on constructive notice of the relevant contents of a properly recorded instrument, such as the final judgment of dissolution involved here. §
28.222(3)(c), Fla. Stat. (1985); [2] see §
695.11, Fla....
...g jurisdiction in this state. (c) Judgments, including certified copies of judgments, entered by any court of this state or by a United States court having jurisdiction in this state and assignments, releases, and satisfactions of the judgments. [3] 695.11 Instruments deemed to be recorded from time of filing....
CopyCited 7 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 322, 2013 WL 2096257, 2013 Fla. LEXIS 1000
would likewise find that there is nothing in section
695.11 that expressly preempts the City of Palm Bay’s
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1990 WL 45266
...(2) (By the deputy clerk) The attached Final Judgment of Dissolution of Marriage was appropriately only indexed under the names of Paul Luskin and Marie Luskin due to the fact that the Judgment *286 was only designated as "Final Judgment of Dissolution of Marriage." Florida Statutes Section 695.11 provides that an instrument is deemed to be recorded from the time of filing....
CopyCited 5 times | Published | District Court of Appeal of Florida | 2017 Fla. App. LEXIS 9602, 42 Fla. L. Weekly Fed. D 1506
original) (emphasis omitted); see also Fla. Stat. §
695.11. 3 . Of significance to this appeal
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1998 WL 10783
...The Wolf Group asserted at the hearing that its mortgage was entitled to priority over Maysonet's claim of lien on the basis of either equitable or conventional subrogation. Maysonet, however, countered that its claim of lien had priority under Florida's recording statute. [2] See Fla. Stat. *883 § 695.11 (1995)....
...Group take priority over Maysonet's lien to the amount of the satisfied two prior mortgages on the property. Reversed and remanded with instructions. NOTES [1] These prior mortgages were indeed satisfied with the proceeds from City First's loan. [2] Section 695.11 (1995) provides: Instruments deemed to be recorded from time of filing....
CopyCited 4 times | Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 8716, 2003 WL 21205285
...istake. . . . Second, the function of constructive notice is to preserve an existing advantage and not to gain a new one."
508 So.2d at 1325. This dicta seems to completely eviscerate Boley even though it cites Boley with favor. [10] Florida Statute
695.11 as to real property and Florida Statute 679.312 as to personal property.
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1994 WL 84103
...by choosing or not to file such an action. We cannot conclude that such was the intent of the legislature. Instead, we conclude the priority of a foreign judgment lien is established upon its recordation pursuant to the provisions of chapter 55 and section 695.11, Florida Statutes (1989), and its enforcement is delayed in accordance with the statutory provisions....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Appellants, as well as the McLeods and Bairn, were named as defendants in appellee's foreclosure action. The circuit court determined in an interlocutory order that proper indexing is not an essential element of recordation, and because the priority of competing claims to real property is determined pursuant to section 695.11, Florida Statutes, by reference to the official filing number, the appellee was found by the lower court to have a superior claim to the subject property....
...aintain a general alphabetical index, direct and inverse, of all instruments filed for record." However, an instrument is deemed to be "officially recorded" when the instrument is accepted by the court clerk and is given "official register numbers." § 695.11, Fla....
...k's negligence... . Id. at 678. The above language from Mlecka suggests that an instrument that is not indexed is not properly recorded; and indeed, indexing is a statutory requirement. However, we do not read Mlecka as altering the plain meaning of section 695.11....
...However, we do not read Dixon as supporting the view, as argued by appellants, that competing claims to real property are resolved based upon the propriety of the indexing of the relevant documents, rather than by application specific requirements of sections
695.01 and
695.11....
...anice McLeod to borrow money from the appellee to purchase an ocean-going boat. [2] As noted by appellee, the Mlecka opinion was rendered in a case involving a pro se litigant, and does not specifically consider the issue here involved nor even cite section 695.11....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 53459
...lled balancing of the equities, and lastly, that the trial court has used the power of eminent domain to condemn private property for a private purpose, contrary to the applicable constitutional law. We reverse. Clearly pursuant to the provisions of Section 695.11, Florida Statutes (1983), the Levys, as the prospective purchasers at the public sale were on notice of the encroachment....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...ntitled to priority over a previously recorded creditor's judgment lien. It is well established under Florida law that where there is more than one judgment lien on real property, priorities between the judgment liens are established by statute. See §
695.11, Fla. Stat. (1993); Martinez v. Reyes,
405 So.2d 468, 469 (Fla. 3d DCA 1981). Section
695.11 specifically provides that recorded judgments: shall be deemed to have been officially accepted by the said officer, and officially recorded, at the time he affixed thereon the consecutive official register numbers required under s....
...e. See §
55.10, Fla. Stat. (1987); Smith v. Venus Condominium Ass'n, Inc.,
352 So.2d 1169 (Fla. 1977); Steinbrecher v. Cannon,
501 So.2d 659 (Fla. 1st DCA), review denied,
509 So.2d 1119 (Fla. 1987); Martinez v. Reyes,
405 So.2d at 468. Pursuant to Section
695.11, LGJ had priority because its lien was recorded before the appellee's lien....
...Where real property is concerned, it is a firm, long standing principle, that priorities of liens on real property are established by date of recordation. See Martinez v. Reyes,
405 So.2d 468, 469 (Fla. 3d DCA 1981). This principle is statutorily embodied in Section
695.11 which exclusively establishes priorities between judgments....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 10883
the names of the parties to the instrument.” Section
695.11, Florida Statutes (2004), provides that “[t]he
CopyPublished | Florida 4th District Court of Appeal
instrument bearing a higher number in the same series.” §
695.11, Fla. Stat. (2023). Ryan & Rick’s mortgage
CopyPublished | Florida 3rd District Court of Appeal
addition of the following language in 1967 to section
695.11, titled “Instruments deemed to be recorded
CopyPublished | Florida 4th District Court of Appeal
...laim to the surplus no later than
(or within) sixty days after the sale, and that if it failed to file a timely claim,
then it would not be entitled to any surplus. See Bakalarz v. Luskin,
560
So. 2d 283, 286 (Fla. 4th DCA 1990) (“Florida Statutes Section
695.11
provides that an instrument is deemed to be recorded from the time of
filing....
CopyPublished | Florida 4th District Court of Appeal
...laim to the surplus no later than
(or within) sixty days after the sale, and that if it failed to file a timely claim,
then it would not be entitled to any surplus. See Bakalarz v. Luskin,
560
So. 2d 283, 286 (Fla. 4th DCA 1990) (“Florida Statutes Section
695.11
provides that an instrument is deemed to be recorded from the time of
filing....
CopyPublished | Florida 3rd District Court of Appeal
language). Priority among liens is governed by §
695.11, Florida Statutes: “The sequence of such official
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
shall be recorded in the Official Records. Section
695.11, F. S., provides that all instruments which
CopyPublished | District Court of Appeal of Florida
takes priority over a later recorded instrument. §
695.11, Fla. Stat. (2018). “The Legislature has, however
CopyPublished | District Court of Appeal of Florida
search. The Homeowners disagree. Citing section
695.11, Florida Statutes (2015), the Homeowners insist
CopyPublished | Supreme Court of Florida
2d 480, 482 (Fla. 4th DCA 1999), and under section
695.11, Florida Statutes (2016), if an instrument
CopyPublished | Florida 2nd District Court of Appeal
...he
shall enter at the time of filing the filing number of each
instrument filed for record, the date and hour of filing, the
kind of instrument, and the names of the parties to the
instrument." Section
695.11, Florida Statutes (2004),
provides that "[t]he sequence of [official register numbers
required under section
28.222] shall determine the priority of
recordation" so that "[a]n instrument bearin...
CopyPublished | District Court of Appeal of Florida
recorded in compliance with the requirements of section
695.11, Florida Statutes (2012), and (2) the warning
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1988 Bankr. LEXIS 1389
be recorded according to law; .... In turn, Fla.Stat.
695.11 (1987) provides as follows: INSTRUMENTS DEEMED
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
liens are established by section
695.11, Florida Statutes.8 Section
695.11, provides: "All instruments
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 1401
pursuant to the recording statute of this State, Fla.Stat.
695.11; second, in any event the mortgage held by
