Florida/Georgia Personal Injury & Workers Compensation

...stand up against the avoiding powers of the Debtor-in-Possession. McCracken asserts his lien rights under Fla.Stat. § 713.58, on behalf of Jet Executive, for the labor and services performed upon Plaintiff's property. However, pursuant to Fla.Stat. § 713.74, this lien right, which arises upon performance of the labor, is only perfected against purchasers and creditors without notice through possession of the property where personal property is involved....

...conclusion of three months following completion of the work on the boat, and therefore was no longer a viable lien when the suit was commenced. Our inquiry is thus narrowed by this issue. In support of its position, appellant cites us to Fla. Stat. § 713.74 (1973) which reads as follows: "As against the owner of personal property upon which a lien is claimed under part II [of this chapter], the lien shall be acquired by any person in privity with the owner by the performance of the labor or the furnishing of the materials....

...ien is statutory and the statute expressly provides otherwise." [2] The word "subsequent" is implied, since the lien could not be against prior purchasers, and the mechanic's lien priority as against prior creditors without notice is created, not by § 713.74, but by Fla....

...occupation or employment in which the labor or services is performed... is intended to cover employees or others who cannot identify the specific goods on which they worked"). This interpretation of Fla. Stat. § 713.58 is consistent with Fla. Stat. § 713.74, which provides, in relevant part, that, "There shall be no lien upon personal property as against purchasers and creditors without notice unless the person claiming the lien is in possession of the property upon which the lien is claimed." Notwithstanding these cases, the plain language of Fla....

...At issue in this appeal is the continuing validity of this court's holding in Eastern Airlines Employees Federal Credit Union v. Lauderdale Yacht Basin, Inc., 334 So.2d 175 (Fla. 4th DCA 1976) that a repairman’s lien rights continue beyond the three month period of possession provided for in section 713.74, Florida Statutes (1973). We conclude that the Eastern Airlines holding was correct, is still viable and was properly applied by the trial court herein. Section 713.74, in conjunction with other statutory provisions, provides for the creation and duration of liens acquired on personal property by the performing of labor or by the furnishing of materials: *664 713.74 Acquisition of liens by persons in privity with the owner As against the owner of personal property upon which a lien is claimed under this part II, the lien shall be acquired by any person in privity with the owner by the performance of the labor or the furnishing of the materials....

...se. Section 679.310 clearly specifies that a statutory lienor has priority over a prior secured party, unless the lien statute itself provides otherwise. In this case, as in Eastern Airlines, at issue is the duration of the statutory lien created by section 713.74....

...The vehicle owner would not, of course, be free of the underlying obligation, which ultimately would have to be *666 litigated without the garageman having the benefit of the lien he once had. This approach is supported by Ocala Foundry. Second, because of the bond procedure of section 559.917, the interpretation of 713.74 provided in Eastern Airlines works no hardship upon vehicle owners; if an owner wants his vehicle returned, he need only post bond at the circuit court....

...Similarly, if it is beyond the three month period, the vehicle owner is entitled to the outright return of his vehicle. The bond mechanism has modified the strict three month posses-sory period discussed in Ocala Foundry and implied in the modern statute (section 713.74)....

...Section 713.60, Florida Statutes (1987), provides, for liens on vessels stemming from labor or materials and supplies used in their construction. Ringhaver’s lien clearly is encompassed in this provision. 1 However, such liens are limited by the further provisions of section 713.74 and 713.-75. Section 713.74 applies to liens being imposed against owners who are in privity with the lienor. Ringhaver and Brooks were never in privity with one another. However, Ringhaver argues it was in privity with Whitehouse when the engines were delivered and when Whitehouse defaulted by failing to pay for them within ten days. Although section 713.74 is somewhat ambiguous on the point of who is deemed to be an owner under the circumstances of this case, we think it is inapplicable to Brooks....

...son claiming the lien is in possession of the property upon which the lien is claimed. The lien shall continue as long as the possession continues, not to exceed 3 months after performance of the labor or furnishing the material. (emphasis supplied) Section 713.74 might have been applicable to Whitehouse, if Whitehouse had *843 owned the vessel when Ringhaver asserted its lien....

...en unpaid on the contract between the owner and the person with whom the owner contracted. There shall be no lien upon personal property as against creditors and purchasers without notice except under the circumstances and for the time prescribed in s. 713.74 and for the amount of the debt due to the lienor at the time of the service of the notice provided for by this section, (emphasis supplied) Under section 713.75, the amount of the lien assertable against the owner is limited to the amounts...

...Appellant claims that his lien, under Fla.Stat. § 85.05, which was renumbered § 713.54 by the legislature in 1967, F.S.A., is superior to appellee’s mortgage. The time at which this lien attaches to the property is determined by either Section 85.25 or Section 85.26 (now § 713.74 and § 713.75), depending on whether the creditor is in privity with the owner of the land....

...Saint Stephens Protestant Episcopal Church, 1931, 105 Fla. 683 , 136 So. 238 , modified on other grounds 105 Fla. 683 , 145 So. 757 , 84 A.L.R. 566 . Since appellant was in privity with the owner of the land his lien is perfected as provided for in Fla.Stat. § 85.25 (now § 713.74)....