CopyCited 3 times | Published | Florida 1st District Court of Appeal | 24 U.C.C. Rep. Serv. (West) 783
...endant had in its possession five vessels in various stages of completion, being Hull Numbers 19, 20, 21, 22 and 23; that all hourly employees have performed work on one or more of said hulls; and that all the plaintiffs claimed a lien pursuant to F.S. 713.60 against said vessels....
...ing appellants' suit as a class action. We turn now to the even more vexing problem of lien priorities. Clearly the bank has liens perfected under security agreements in its favor. Equally clearly the appellants have alleged liens pursuant to *363 F.S. 713.60....
...art of a product or mass the security interest continues in the product or mass. Bank's financing statement covered the product as required by Section 679.315, Florida Statutes. "5. A reading of Part II, Florida Statutes, Chapter 713, which includes Section 713.60 under which the Employees claim reveals that the chapter creates mechanic liens for a variety of labor, services performed and materials furnished. Liens for labor on or for vessels under Florida Statute 713.60, are not maritime liens, but are mechanics liens....
...ey security interest retained by the vendor of the property. The case before the Court does not involve a purchase money security interest. Bank's security interest attached to all inventory and raw materials prior to the creation of any liens under Section 713.60, Florida Statutes....
...no. 1, securing three promissory notes also a part of Bank's composite exhibit no. 1, evidencing unpaid debt in the amount of $385,000.00 plus interest, is superior and prior in dignity to the liens asserted by Employees *364 under Florida Statute, section 713.60. * * *" F.S. 713.60 provides for a lien: "In favor of any person performing for himself or others, any labor, or furnishing any materials or supplies for use in the construction of any vessel or watercraft; and in favor of any person performing for himself or...
...In so urging, they rely upon The Diane,
45 F. Supp. 510 (D.C.S. D.Fla., 1942) and Burdine v. Walden,
91 F.2d 321 (CA 5, 1937). While it is true that in those two cases the claimants were held to have state-created maritime liens cognizable in admiralty by virtue of F.S.
713.60, the liens there asserted were for masters' wages and were maritime in nature....
...Kennedy, supra, as well as the case sub judice, is the recitation by the court that: "The services or labor for which the liens are claimed did not contribute to the construction or repair of property * * *." (107 So. at page 360). The underlying purpose, we think, of F.S. 713.60 is to prevent the inequity of one enjoying the handiwork of another without recompense, securing unto the laborer his right to the enjoyment of the fruits of his own industry while not depriving another of his right of property likewise secured unto him....
...Those issues have not been considered by the learned trial judge nor are they presented in the briefs. Addressing them at this juncture would be premature. We only hold that a class action may be maintained and that those members of the class entitled to liens pursuant to F.S. 713.60 are entitled to priority over the lien on after-acquired property as provided in the security agreements held by the Atlantic Bank of St....
CopyPublished | Florida 4th District Court of Appeal | 1986 Fla. App. LEXIS 9666
...On learning of the final judgment, DV & A filed a motion for relief from judgment in accordance with Rule 1.540(b), Florida Rules of Civil Procedure. In its motion, DV & A claimed to have acquired a lien on the vessel for approximately $46,000 for labor and materials it furnished while repairing the vessel. See §§
713.60,
713.64, Fla.Stat....
...3d DCA 1983) (lienholder’s interest in seized motor vehicle forfeited where lienholder failed to comply with section
319.27(1), Florida Statutes (1981)). But see Burdine v. Walden,
91 F.2d 321 (5th Cir.1937) (construing chapter 7838, Laws of Florida (1919) [forerunner to §
713.60, Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 5879, 1990 WL 112503
...The parties stipulated that the first actual notice Brooks had that Whitehouse failed to pay Ringhaver in full for the engines was the May 6, 1988 letter. We are thus dealing in this case with two innocent parties, and the question is which of the two must bear the loss. Section 713.60, Florida Statutes (1987), provides, for liens on vessels stemming from labor or materials and supplies used in their construction....
...Further, there are no other applicable lien recording statutes, or facts in this case which might have charged Brooks with constructive notice of Ringhaver’s lien claim. For the reasons stated herein, the judgment appealed is AFFIRMED. DAUKSCH, J., and MILLER, J.D., Associate Judge, concur. . Section 713.60, Florida Statutes (1987) provides: 713.60 Liens for labor on or for vessels....
CopyPublished | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 967, 1987 Fla. App. LEXIS 7634
...In 1974, the vessel was hauled from the water and stored in dry dock. During the next six years, during which the Dagon remained so stored, Bernier paid no storage bills. In April 1980, Broward Marine resorted to self-help, claiming a valid lien pursuant to section
713.58(1) and
713.60, Florida Statutes, Broward Marine sold the Dagon in accordance with the provisions of section
85.031(2), Florida Statutes....
...ot those stored by a merchant in the course of his business; and the procedures required there are quite different from and stricter than those of section
85.031(2), which appellee followed. A lien may here alternatively have been proper pursuant to section
713.60, Florida Statutes; but we do not think such a lien may be enforced by non-judicial sale....
