The 2024 Florida Statutes
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. . . . § 319.22(1). . . . Stat. § 319.22(1) controls the issue of ownership. . . . Stat. § 319.22. . . . Stat. § 319.22(1). . . . Stat. § 319.22(1) (2015). . Doc. No. 80 at 10. . Fla. . . .
. . . . § 319.22(1) to argue that ownership requires a registered certificate of title. . . . Stat. § 319.22(1) shields him from having to disclose or turn over the Warlock, even though he has had . . . Stat. § 319.22, which he characterizes as a constitutional challenge. . . . Stat. § 319.22(1), or any other provision of state law. . . . Stat. § 319.22(1) has no bearing on any of the issues in this proceeding. . . .
. . . Stat. § 319.22(1) provides no support for Debtor’s position. . . . Stat. § 319.22(1). . . . Stat. § 319.22(1). . . . Stat. § 319.22(1), or any other provision of state law. . . . Stat. § 319.22 (Doc. No. 149 at ¶¶ 22, 39-40). . . .
. . . See § 319.22(2)(a)(1)(a), Fla. . . . See § 319.22(2)(a)(l)(a), Fla. Stat. (2013). . . .
. . . Under section 319.22, Florida Statutes, the Court cannot recognize any interest in a car unless the person . . . And under section 319.22, Florida Statutes, a person cannot claim an ownership interest in a car unless . . . In order to overcome this obstacle, Stanton contends there is an equitable exception to section 319.22 . . . Woolverton — creates an equitable exception to section 319.22 where the original titleholder entrusts . . . This is a core proceeding under 28 U.S.C. § 157(b)(2)(K) & (O). .§ 319.22(1), Fla. Stat. . Adv. . . .
. . . See, e.g., §§ 319.22, 319.23 & 320.27, Fla. Stat. (2010). . . .
. . . Because Ap-pellee never transferred title of the vehicle in accordance with section 319.22(2), Florida . . . It concluded that, although a transfer of ownership using the formalities contained in section 319.22 . . . Taylor-Christensen. § 319.22(2)(a)l„ Fla. Stat. (2005). If Ms. . . . . § 319.22(2)(a)l., Fla. Stat. (2005). . . . See § 319.22(1), Fla. . . . correctly rejected by the Florida Supreme Court in Palmer: It is evident from a reading of Section 319.22 . . . The source of this contention is to be found in F.S.A. § 319.22(2) which provides that an owner who has . . . By putting these decisions together, the true import of Section 319.22(2) as it affects the possible . . . goes so far as to contend that the provisions of chapter 319, Florida Statutes, specifically section 319.22 . . .
. . . in joint tenancy or by the entire-ties, which are not deemed to be assets of a decedent’s estate); § 319.22 . . .
. . . Section 319.22 of the Florida Statutes has long mandated that title to a motor vehicle or mobile home . . . It was simply a case of a party not complying with the requirements of section 319.22. . . . Certainly the Debtor cannot be heard to complain about its own failure to comply with 319.22. . . . Stat. § 319.22(1) (2008). . Debtor’s Schedule B — Personal Property (Doc. No. 32 at 6). . Doc. . . . Stat. § 319.22(1). . 99 So.2d 286 (Fla.1957). . Id. at 288 (quoting Glass v. Cont’l Guar. . . .
. . . Section 319.22 of Chapter 319 the Florida Statutes governs the transfer of title of a motor vehicle. . . . Stat. § 319.22(1). . . . Stat. § 319.22(1). . . . The Florida Supreme Court rejected as too narrow the finding Section 319.22’s purpose was to protect . . . It concluded the Florida Legislature’s intent in enacting Section 319.22 was broader. Id. . . .
. . . Kalter pointed out that § 319.22 of the Florida Statutes generally provides that a certifícate of title . . . Stat. 319.22(1) provides: Except as provided in ss 319.21 and 319.28, a person acquiring a motor vehicle . . .
. . . Florida Statute Section 319.22(5) makes it “illegal to transfer title to a motor vehicle when the purchaser . . . for personal use rather than business purposes, Sosa’s possession of the open titles violated Section 319.22 . . .
. . . Section 319.22(2)(a)(l), which is determinative in establishing the nature of a party’s ownership intent . . . Section 319.22(2)(a)(l) provides: “When a motor vehicle or mobile home is registered in the names of . . . Stat. § 319.22(2)(a)(l); In re Daugherty at 740. The Debtor’s position is contradictory to Fla. . . .
. . . delineating how to create an ownership interest in any particular type of property, such as Section 319.22 . . . Stat. § 319.22. The vessel counterpart, Fla. Stat. § 328.01, is virtually identical to § 319.22. . . .
. . . likely to arise on remand, we note that, contrary to Maroone's second contention on appeal, section 319.22 . . . unless evidenced by a certificate of title, which would have been contrary to the provisions of section 319.22 . . .
. . . Almand and Associates, 780 So.2d 45 (Fla.2001), and section 319.22, Florida Statutes (2003), in connection . . . This view ignores the impact of section 319.22. . . . Section 319.22 was adopted by the legislature in response to Roger Dean Chevrolet, Inc. v. . . . Section 319.22(2), contains the following provisions concerning the proper endorsement for the transfer . . . We agree with this plain reading of section 319.22(2)(a), and conclude as a result that the language . . .
. . . Ch. 319.22(2)(a)(l) (2003) {emphasis added). . . . Ch. 319.22(2)(a)(2) (2003) (emphasis added). . . . The trustee points to the Hepner decision and the discussion of Florida Statute Section 319.22(2) in . . . For example, if the Corvette were titled as “Husband or Wife”, Section 319.22(2)(a)(l) would control . . . Upon holding that the spouse had no interest, in dicta, the court commented that Section 319.22 “may . . .
. . . Note on use of S.Sa requirements of § 319.22, Fla. Stat., is not hable for its negligent operation. . . .
. . . . § 319.22. . . . Stat § 319.22. There is an exception to this rule: Under Fla. . . . Stat. § 319.28 exception to § 319.22 would make no sense. . . . Stat. § 319.22 provides, in pertinent part: Except as provided in §§ 319.21 and 319.28, a person acquiring . . .
. . . . § 319.22. . . . Stat § 319.22. There is an exception to this rule: Under Fla. . . . Stat. § 319.28 exception to § 319.22 would make no sense. . . . Stat. § 319.22 provides, in pertinent part: Except as provided in §§ 319.21 and 319.28, a person acquiring . . .
. . . . §§ 319.22-.29 (2000). As such, the opinion in Lewis is distinguishable from the case at bar. . . . regardless of the fact that formal title to the vehicle is not transferred pursuant to Florida Statutes §§ 319.22 . . .
. . . Statutes Section 319.22, 23, or 28. . . .
. . . The Court noted that § 319.22 of the Florida Statutes requires the issuance of a certificate of title . . .
. . . “Florida’s motor vehicle title statute, § 319.22 [et seq ], provides that title to a repossessed'car . . .
. . . ownership, title, and transfer of repossessed motor vehicles, as provided in Florida Statutes Section 319.22 . . . STAT. 319.22, cited in Chiodo, 250 B.R. at 410. . . . regardless of the fact that formal title to the vehicle is not transferred pursuant to Florida Statutes §§ 319.22 . . .
. . . Section 319.22 of the Florida Statutes governs the transfer of title to motor vehicles and provides that . . . The court rejected the towing company’s defense based on section 319.22 of the Florida Statutes because . . . Blount Pontiac-GMC, Inc., 411 So.2d 930, 931 (Fla. 1st DCA 1982) (stating that Fla.Stat. § 319.22(1) . . . Assuming that section 319.22 was not limited to marketability of title, the plaintiffs still have a valid . . .
. . . See Sections 319.22, .23, .28, Fla. Stat. (1981). . . . regardless of the fact that formal title had not yet transferred pursuant to Florida Statutes Section 319.22 . . .
. . . . § 319.22(2)(a)(l). See Amsouth Bank of Florida v. Hepner, 647 So.2d 907 (Fla. 1st DCA 1994). . . . Stat. § 319.22(2)(a). In addition, Fla. Stat. § 319.22(1) provides, “ ... . . . Stat. § 319.22, the identical Statute involved here. . . .
. . . Additionally, Florida’s motor vehicle title statute, § 319.22, provides that title to a repossessed car . . .
. . . . § 319.22, which in subclause (a)(1), provides: When a motor vehicle or mobile home is registered in . . .
. . . Florida Statute 319.22 provides in pertinent part: (1) Except as provided in §§ 319.21 and 319.28, a . . . Stat. 319.22(1). . . . Although this Court gives far more importance to Florida Statute 319.22, and finds that Chapter 319 is . . .
. . . See § 319.22(2) Fla. Stat. (1997). . In fact, the only testimony was to the contrary. . . .
. . . interest because he is not listed as either a lien holder or an owner on the Title and, pursuant to §§ 319.22 . . . Stat. § 319.22. . . . Stat. § 319.22 (Emphasis added). This language leaves little room for interpretation. . . . In this case, the language of Florida Statute section 319.22, “no court shall recognize,” is not ambiguous . . . The Father has no judicially recognizable ownership or equitable interest in the Truck pursuant to §§ 319.22 . . .
. . . Section 319.22 of the Florida Statutes provides in part: Title XXIII. Motor Vehicles Chapter 319. . . . Title Certificates 319.22. Transfer of title 1. . . .
. . . Under § 319.22, Except as provided in ... . . . Stat. § 319.22. . . . Florida cases have consistently limited the application of § 319.22 to cover only the marketability of . . . Jacksonville Trans.Auth., 530 So.2d 421, 422 (Fla. 1st DCA 1988) (“[S]ection 319.22(1) deals only with . . . However, since courts have held that § 319.22 deals only with marketability of title. . . .
. . . . § 319.22(2), Fla. Stat. (1981). . . . automobile seller responsible given the legislature’s clear intent to bar any liability in section 319.22 . . .
. . . even though title held in names of a cattle rustler or his wife because 1979 amendments to section 319.22 . . .
. . . Since amendment of section 319.22, Florida Statutes, by chapter 79-333, section 1, at 1736, Laws of Florida . . . or his personal representative shall be required to transfer title to the vehicle or mobile home. § 319.22 . . . interest in a motor vehicle titled in the spouses’ names disjunctively on grounds that, under section 319.22 . . . forfeiture of a truck accomplished under the Contraband Forfeiture Act before the amendment to section 319.22 . . . Section 319.22(2), Florida Statutes (1979), was amended effective 1 January 1980 to provide that the . . .
. . . The language in section 319.22(2) does not seem to eliminate any duty that may be created by section . . .
. . . Florida Statute § 319.22 provides in pertinent part that: 319.22 Transfer of title— (2)(a)l. . . .
. . . issue in this litigation, Act 61 of the Michigan Public Acts of 1939, as amended, provides as follows: 319.22 . . . M.C.L.A. § 319.22, M.S.A. § 13.139(22). Act 48, to which Act 61 refers, provides: 205.301. . . . M.C.L.A. § 319.22, M.S.A. § 13.-139(22). . . . M.C.L.A. § 319.22, M.S.A. § 13.139(22). . . . .
. . . appellant had not taken the necessary steps to transfer the legal title to the automobile under section 319.22 . . . clear in a number of cases, see, e.g., Palmer, that while compliance with the requirements of section 319.22 . . .
. . . Duffy, 492 So.2d 435 (Fla. 2d DCA 1986); § 319.22(2), Fla.Stat. (1991). . . .
. . . Fla.Stat. ch. 319.22. . . .
. . . Section 319.22(1) “does not provide that no valid title shall be perfected until the purchaser obtains . . .
. . . court also granted a new trial because, at trial, it had refused to give an instruction under section 319.22 . . . The provisions of section 319.22 constitute a shield not a sword. As the court stated in Palmer v. . . . below was error, mainly because of the trial court’s refusal to charge that if the jury found F.S. § 319.22 . . . It is evident from a reading of Section 319.22 in its entirety that the primary emphasis intended by . . .
. . . that the owners intended to create a tenancy by the entirety and overcomes the provisions of section 319.22 . . .
. . . Raynor’s argument that the Florida title was not properly endorsed by Equilease pursuant to section 319.22 . . .
. . . Section 319.22(2), Florida Statutes (1987), provides that an owner who has made a bonafide sale or transfer . . . concerning Leapai’s endorsement and delivery of the certificate of title to Ekeroma, which, under section 319.22 . . .
. . . . § 319.22 provides in pertinent part that no court shall recognize the right, title, claim or interest . . .
. . . A Florida statute, § 319.22(1) provides that, with two exceptions not pertinent here: “no court shall . . . applicable to the transaction which concerns us, it would apply to every motor vehicle sale and Fla.Stat. § 319.22 . . .
. . . Section 319.22(2), Florida Statutes (1981), provides in pertinent part that the seller of a motor vehicle . . . Second, except for minor changes not pertinent here, section 319.22(2) has been the law since the enactment . . . Moreover, by enacting section 319.22(2), the legislature has evidenced its intent to bar a cause of action . . . Second, the majority has determined that section 319.22(2) Florida Statutes (1981), and the legislative . . . The legislative intent behind section 319.22(2), which deals only with post-sale liability, has no bearing . . .
. . . Section 319.22(1), Florida Statutes, addresses the transfer of title for mobile homes and motor vehicles . . . However, section 319.22(1) deals only with marketable title, and does not govern the seller’s liability . . . Dre-ka, 79 So.2d 670 (Fla.1955); see also, section 319.22(2), Florida Statutes. . . .
. . . Thus, relying on a portion of section 319.22(1), Florida Statutes (1985), appellee contends that appellant . . . The entire section provides: 319.22 Transfer of title.— (1) Except as provided in ss. 319.21 and 319.28 . . . Florida Statute Section 319.22(1), F.S.A., provides that a purchaser shall not acquire a “marketable” . . . Pontiac-GMC, Inc., 411 So.2d 930, 932 (Fla. 1st DCA 1982), wherein that court said: In other words, Section 319.22 . . .
. . . Florida Statutes § 319.22. . . .
. . . Stat. 319.22 states that unless otherwise provided herein, no court shall recognize the right, title, . . . Stat. 319.22, a court may not recognize a person’s title to a vehicle without a certificate of title. . . .
. . . I do not believe that section 319.22(1), Florida Statutes, bars the assertion of an interest, irrespective . . . I agree with the district court that: The salutary purpose of this statute [319.22(1)] is to stabilize . . . The district court of appeal reasoned that section 319.22, Florida Statutes (1985), dealing with the . . . Section 319.22(1), Florida Statutes (1985), states: (1) Except as provided in ss. 319.21 and 319.28, . . . We believe that the district court of appeal read section 319.22 too narrowly when it reasoned that its . . .
. . . Contrary to the majority view, neither section 319.22(2), Florida Statutes (1981), nor the dangerous . . . Section 319.22(2) discontinues liability after transfer of title. Palmer v. R.S. . . . Because Potamkin’s duty arose prior to the transfer of title, section 319.22(2), providing immunity for . . . Section 319.22(2), Fla.Stat. (1981), states: An owner or coowner who has made a bona fide sale or transfer . . . Hill, 219 So.2d 727 (Fla. 3d DCA 1969); § 319.22(2), Fla.Stat. (Í985). . . .
. . . The district court awarded Tonka Toys $250,-319.22 in damages, plus reasonable attorney’s fees and costs . . .
. . . held that the statute requiring an owner to be listed on a vehicle’s certificate of title, section 319.22 . . .
. . . evidenced by a certificate of title and hence its interest was not cognizable by the court under section 319.22 . . . Section 319.22, Florida Statutes, provides that a person acquiring a motor vehicle will not acquire marketable . . . Legal and equitable principles must then be applied independent of section 319.22, Florida Statutes, . . . should be resolved in favor of Wheels Unlimited, Inc. but merely that in forfeiture proceedings section 319.22 . . .
. . . See §§ 319.22, .23, .28, Fla.Stat. (1981). . . .
. . . Section 319.22(2), Florida Statutes (1979), was amended effective 1 January 1980 to provide that the . . . The trial court explains in support of its order that the legislature amended section 319.22(2), Florida . . . Giving retroactive effect to the 1979 amendment of section 319.22(2) so as to permit forfeiture of the . . .
. . . Under § 319.22, Fla.Stats., the endorsement and delivery of the Certificate of Title by the bank was . . .
. . . Section 319.22. See N.A.D.A. Title Registration Book (1983). . . .
. . . 672.403 is not in direct conflict with the provisions of Chapter 319, in particular Sections 319.21 and 319.22 . . . In other words, Section 319.22(1) provides that a purchaser shall not acquire a “marketable” title until . . .
. . . vehicle title certificates and the recordation of liens on title certificates, Florida Statutes, § 319.22 . . .
. . . 1,1979 Ten-na paid Plaintiff $302.67 plus $16.65 purportedly for Ohio Sales or Use tax for a total of $319.22 . . .
. . . . §§ 319.22-.24 (1975 & Supp.1980). AFFIRMED. . . .
. . . When read together, Sections 319.22 and 319.27(2), Fla.Stat., (which apply to transfers or security interests . . . However, there is no provision comparable to the motor vehicle section (§ 319.22) which protects creditors . . .
. . . Pertinent Florida statutes relating to the purchase and sale of used motor vehicles are: § 319.22 Transfer . . . In light of the foregoing cases and in light of the express language of Florida Statute 319.22 which . . .
. . . We cannot accept appellant’s argument that Section 319.22(1), Florida Statutes (1973) requires proof . . .
. . . The department keeps track of the status of title of each vehicle, §319.22. . . .
. . . from the majority view in this cause where we are again concerned about the application of Section 319.22 . . . stated in Wooverton, wherein our Court held: “We have also considered the following provision of Sec. 319.22 . . . Sections 319.21, 319.22, Fla.Stat.1971. . . . Petitioner’s cited cases reassert the provisions of Sections 319.21 and 319.22, Florida Statutes, to . . .
. . . Florida Motor Vehicle Certificate of Title Act, Chapter 319, F.S.A., which provides in part as follows: “319.22 . . .
. . . Section 319.22(1), F.S.A., reading as follows: “Except as provided in §§ 319.21 and 319.28, no person . . . acquired no security interest in the motor vehicle from Hooker and had no standing to rely on Section 319.22 . . .
. . . Section 319.22, F.S.A., to the effect that: “ * * * Except as otherwise provided herein, no court in . . .
. . . Section 319.22(1) reads as follows: “319.22 Transfer of title.— “(1) Except as provided in §§ 319.21 . . . Section 319.22(1), F.S.A., provides that a purchaser shall not acquire a “marketable” title until the . . .
. . . Section 319.22(1), Florida Statutes, F.S.A., provides that: “ * * * no person acquiring a motor vehicle . . . See Sections 319.22(1) and 319.27(2), Florida Statutes, F.S.A.; May v. . . . Although the court considered the provisions of Section 319.22(1) and held them inapplicable, it did . . . Section 319.22, F.S.A. . . .
. . . See § 319.22(2) (a), Fla.Stat. Cf. Platt v. Dreka, Fla.1955, 79 So.2d 670; Palmer v. R. S. . . .
. . . The defendant cites as authority for his position, Florida Statutes 319.22 and 319.27 (3) f. . . . The portion of Florida Statute 319.22, upon which defendant relies is the last sentence in sub-section . . .
. . . that by purchasing an automobile from one not the holder of the certificate of title in violation of § 319.22 . . .
. . . . § 319.22, F.S.A. . . .
. . . >} § 319.22(1) “Except as provided in §§ 319.21 [relating to new cars or purchase of used cars by dealers . . . This is obviously the intent of §§ 319.22(1) and 319.27(2), Florida Statutes, F.S.A. . . . By virtue of F.S. §§ 319.22 and 319.27(2), F.S.A., Atlantic is estopped to claim a lien superior to that . . .
. . . . * * * ” “319.22 Transfer of title.— “(1) Except as provided in Secs, 319.21 and 319.28, no person acquiring . . .
. . . Section 319.22(1) F.S.1959, F.S.A. provides : “Except as provided in §§ 319.21 * * *, no person acquiring . . . Section 319.22, F.S.A. was intended to apply in cases not regulated by that section, pointing out: “It . . .
. . . Allen Parker Co., Fla., 67 So.2d 763, construing Section 319.22(2), Florida Statutes 1951, and F.S.A. . . .
. . . See sections 319.22(1) and 319.27(2), Florida Statutes, F.S.A.; May v. . . .
. . . application for initial certificate of title which is made by the purchaser or transferee * * “Section 319.22 . . .
. . . .’ * * * * * * “As to the effect of Sec. 319.22(1) on Mrs. . . .
. . . However, the provisions of chapter 319.22 (1) do seem to apply to the facts at bar. . . . That section reads— “319.22. . . . Rousseau such certificate of title in order to. obtain a title to or valid lien upon the 1956 Chevrolet (319.22 . . . Suffice it to say, that the result achieved by the legislature in the enactment of section 319.22 (1) . . .
. . . Sec. 319.22 to arrive at its intent and purpose. . . . Sec. 319.22 provides that the purchaser of a motor vehicle, whether from a dealer or not, shall not acquire . . . purchasing it, prior to its clearance through the Motor Vehicle Commissioner in compliance with Sec. 319.22 . . . vehicle commissioner are constructive notice or not, a compliance with the plain provisions of Sec. 319.22 . . .
. . . On this appeal we are concerned with the impact of Sec. 319.22 and Sec. 319.27(2), Fla.Stat.19SS, F.S.A . . . Sec. 319.22 provides as follows: “(1) * * * no person acquiring a motor vehicle from the owner thereof . . . As to the effect of Sec. 319.22(1) on Mrs. . . . We have also considered the following-provision of Sec. 319.22(1), supra: “* * nor shall any waiver or . . . The provision of Sec. 319.22(1) providing that “ * * * no court in any case at law or in equity shall . . .
. . . . § 319.22, F.S.A. . . . It is evident from a reading of Section 319.22 in its entirety that the primary emphasis intended by . . . The source of this contention is to be found in F.S.A. § 319.22(2) which provides that an owner who has . . . By putting these decisions together, the true import of Section 319.22(2) as it affects the possible . . .
. . . act in that way for him, or by giving to the Motor Vehicle Commissioner the notice prescribed in Sec. 319.22 . . .
. . . Allen Parker Co., Fla., 67 So.2d 763, construing Section 319.22(2), Florida Statutes 1951, and F.S.A. . . .
. . . The purpose of Section 319.22(2), F.S.A., as follows: “(2) An owner who has made a bo-na fide sale or . . . the automobile involved in the accident had been paid for in cash or that the provisions of Section 319.22 . . .