Florida/Georgia Personal Injury & Workers Compensation

...Accordingly, the Bank will prevail over their claims, and their counterclaims and crossclaims will be dismissed with prejudice. A judgment will be entered in accordance with these findings and conclusions. NOTES [*] Lykes also has asserted a reclamation claim under either § 672.702(2) or § 672.507(2), Florida Statutes....

...e superior to the execution lien and any other lien of Best. The trial court ruled in favor of Best and the landlord has appealed. Best takes the position that it is entitled to prevail under the Uniform Commercial Code ("U.C.C."). Best relies on subsection 672.507(2), Florida Statutes (1989), which provides, "Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his right as against the seller to retain or dispose of them is conditional upon his making t...

...e." 3 R. Anderson, Uniform Commercial Code § 2-507:8 (1983) (footnote omitted). Best contends that it had a right under the U.C.C. to reclaim the goods in question because Best never received final payment. In Best's view, its statutory right under section 672.507 is superior to all other interests. In addition, Best contends that the text of subsection 672.507(2) prevented the tenant from conveying any lien or other contractual interest to the landlord pursuant to the commercial lease agreement. As a preliminary matter, we believe that Best's claim under subsection 672.507(2) is barred by res judicata....

...The trial court ruled against Best on the replevin count and instead entered a judgment for money damages. [4] The issue appears to have already been determined adversely to Best. Assuming, however, that the point is properly before us, Best's interpretation of subsection 672.507(2) is incorrect. The *562 cash seller's right of reclamation "is in the nature of a lien." Official Comment 3 to U.C.C. § 2-507, as amended 1990. [5] However, as the amended Official Comment and the Permanent Editorial Board Commentary both make clear, subsection 672.507(2) establishes rights and responsibilities between buyer and seller only....

...nd the landlord and the seller each claimed that they were entitled to the converter — the landlord by virtue of its statutory landlord's lien under section 83.08(2), Florida Statutes (1989), and the seller by virtue of a right of reclamation under section 672.507(2), Florida Statutes (1989)....

...t of tenancy or as soon as the property is brought onto the premises. Lovett v. Lee, 141 Fla. 395, 193 So. 538, 542 (Fla. 1940). See also Fla. E. Coast Properties, Inc. v. Best Contract Furnishings, Inc., 593 So.2d 560, 562, n. 6 (Fla. 3d DCA 1992). Section 672.507(2), Florida Statutes (1989), on which seller relies, provides: Effect of seller's tender; delivery on condition....

...r documents of title, his right as against the seller to retain or dispose of them is conditional upon his making the payment due. The problem with the seller's argument, and thus with the resolution of the issue by the trial court, is that although section 672.507(2) gives an unpaid seller an interest superior to that of the buyer, it does not determine priorities between an unpaid seller and a third party such as a landlord....

...The price was $8,768.89 and the terms were cash on delivery. "Where payment is due and demanded on the delivery to the buyer of goods, . . . his right as against the seller to retain or dispose of them is conditional upon his making the payment due." Fla.Stat. § 672.507(2) (1965)....

...should nevertheless be the law. The court stated that although Official Code Comments do not have the force of law, they "are powerful dicta." Szabo, 630 F.2d at 4. [7] Section 2-507 of the Uniform Commercial Code as it has been adopted in Florida (§ 672.507) is identical to the corresponding section as adopted in Massachusetts and addressed by Szabo....