CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6165
...nded it to remain effective. We therefore cannot agree that the Mechanics’ Lien Law supersedes § 85.03, Fla. Stat. (1965), F.S.A. 9 The appellants’ third point is inapplicable and without merit. Affirmed. . § 713.52, Fla.Stat. (1967), F.S.A. . § 713.75(1), Fla.Stat....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1986 Bankr. LEXIS 6826
...The Court having read the affidavits submitted by both parties and having heard oral argument on December 10, 1985, reaches the following conclusions of law: 1. Because Deseo Marine was not in privity with the plaintiff, any lien rights are governed by § 713.75 Florida Statute which provides in pertinent part, A lien shall exist from the time of delivery of either notice for the amount unpaid on the contract of the owner with the person contracting with the lienor and the delivery of the notice sh...
...Stevens is within the statute of frauds and hence unenforceable. 3. The letter of May 22, 1985 from David English to Charles Stevens, plaintiffs exhibit A, does not constitute notice and is as a matter of law not sufficient to create a lien under the provisions of § 713.75, Florida Statutes. The notice provision of § 713.75, Florida Statutes is as follows: A person entitled to acquire a lien not in privity with the owner of the personal property shall acquire a lien upon the owner’s personal property as against the owner and persons claiming through him by d...
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 5879, 1990 WL 112503
...Ringhaver, the statute is clear that no lien can be asserted against purchasers without notice. The parties here stipulated that Brooks had no actual notice of Ringhaver’s lien claim when he paid Whitehouse in full for the boat and took delivery. Section 713.75 is perhaps more applicable to the facts in this ease, but it reaches the same result....
...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 as yet unpaid by the owner under the contract with the person with whom the owner contracted....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5749
...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....
