CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 9461, 1998 WL 412461
...Lloyd’s three thoroughbred horses were sold at a public sale held by Danzel Brendemuehl for recovery of fees owed to him for the care of Lloyd’s horses. Lloyd had attempted to make payment with a cheek but his check was returned for insufficient funds. We affirm. Section 713.65, Florida Statutes (1995) creates a lien in favor of all persons who provide for the care and maintenance of horses and othesp animals....
..., if the owner is absent, where they shall remain subject to the order of the person' legally entitled thereto. The clerk shall .be entitled to receive 5 percent on the proceeds for the care and disbursement thereof. Any person claiming a lien under s. 713.65, of part II of chapter 713, may enforce it by sale without judicial proceedings in the manner set forth herein after 1 month after the time the charges for which a lien is claimed become due....
CopyPublished | District Court of Appeal of Florida | 1990 WL 116380
...The appellee, Grifs Western, a feed store, filed a complaint against the appellant seeking damages, alleging that the appellant owed appellee $16,668.00 for feed and related items for two horses owned by the appellant. It also requested the imposition of a lien on the horses pursuant to section 713.65, Florida Statutes (1989)....
...It is from that order that appellant lodges this appeal. Because this is a suit for money damages, the ability of the appellee to obtain an injunction preventing the removal of the horses depends upon whether or not appel-lee is entitled to a lien on the horses under section 713.65, Florida Statutes (1989)....
...In favor of all persons feeding or caring for the horse or other animal of another, including all keepers of livery, sale, or feed or feed stables for feeding or taking care of any horse or other animal put in their charge; upon such horse or other animal. § 713.65, Fla.Stat....
...In this case the appellees were not “feeding or caring for the horse” and admitted that the horses were not “put in their charge” as required by the statute. All appellees did was deliver feed to a barn where the horses were stabled. Therefore, this lien statute does not apply. We contrast section
713.65, which requires that the animal be put in the charge of the lienor, with section
713.66, Florida Statutes (1989), which is entitled “Liens for feed, etc....
