CopyCited 10 times | Published | Florida 1st District Court of Appeal
...Nevertheless, we must reverse the portion of the final judgment that awarded the Health Center its fees in this action. It is fundamental that attorneys' fees are not recoverable in the absence of a statute or contract which makes them recoverable. Section 713.76(2), Florida Statutes, cited in the final judgment as authorizing the fee award, is inapplicable. By its terms, that statute only permits an award of attorneys' fees when the offending party has violated Section 713.76(1)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2004 WL 575717
...what is sought by the offended party, but the "likelihood of [its] ultimate success." LTD Commodities, at 407. Archive's heavy reliance on State v. Miller,
373 So.2d 677 (Fla.1979) is essentially misplaced. [3] Miller upheld the constitutionality of section
713.76, Florida Statutes (1977), which permitted release of a possessory lien established by section
713.58 in favor of persons providing labor and services on personal property, upon the posting of a bond "in the amount of the final bill" rendered by the lienor....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 957595
...nc., which claimed a lien on the aircraft for services under Florida Statutes sections
329.01 and
329.51. Textron then filed a petition for writ of replevin pursuant to Florida Statutes section
78.068 and sought attorney's fees against Creston under section
713.76(2), maintaining that Creston's lien had been wrongfully filed....
...re to comply with state law. In addition, we find no error in the trial court's order granting Textron *732 attorney's fees for its efforts to clear the aircraft of Creston's invalid claim of lien. AFFIRMED. GUNTHER and STONE, JJ., concur. NOTES [1] Section 713.76 provides in part that: (2) Whenever a lienee brings an action in the appropriate court with respect to any property which has been wrongfully detained by a lienor in violation of this section, the lienee ......
CopyPublished | Supreme Court of Florida | 1979 Fla. LEXIS 4755
SUNDBERG, Justice. We decide in this appeal the constitutionality of section 713.76, Florida Statutes (1977). In granting appellee’s motion to dismiss, the County Court of Dade County declared section 713.76 unconstitutional, thereby vesting this Court with jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution....
...the provisions of section
713.58, Florida Statutes (1977), 1 which grants a possessory lien in favor of persons providing labor and services on personal property. Mrs. Gravins sought the release of appellee’s lien on her car by posting bond under section
713.76....
...2 Appellee maintained that the bond was insufficient to cover the value of his services 3 and refused to surrender possession of the car, prompting his arrest under section 713.-76(3). In its order granting appellee’s motion to dismiss, the county court held that section 713.76 deprived appellee of his property without due process of law....
...form of provisional creditor remedy. More spe- *679 eifically, we must decide whether under Sniadach v. Family Finance Corp. of Bay View,
395 U.S. 337 ,
89 S.Ct. 1820 ,
23 L.Ed.2d 349 (1969), and its progeny, adequate procedural safeguards exist in section
713.76 to protect the property rights granted a lienholder in section
713.58....
...sufficient to satisfy the debt. The debtor had no meaningful input into these areas until after state-enforced seizure of his property, which left him in an untenable bargaining position and often caused economic hardship. We conclude, however, that section 713.76 is constitutional because it does not effect a\significant deprivation of a property interest....
...s applied to cover the debt. 9 Possession of the property is a valuable interest only insofar as it ensures the existence of a secure fund from which the final bill can be satisfied. It is a form of leverage looking solely toward full payment. Under section
713.76, the lienholder occupies at least as favorable a position as under section
713.58....
...Nor must the former lienholder wait three months to recover the debt; he may institute proceedings for recovery against the bond at any time. 10 *681 Moreover, the concerns prompting constitutional scrutiny in garnishment and attachment cases are not present here. Under section 713.76, the lienholder has immediate and meaningful input into the release of lien process....
...ount of the final bill before regaining possession of the car. The lienholder is thus accorded the luxury of setting for himself the precise value of his lien and, concomitantly, the amount-of collateral necessary to secure his debt. We believe that section 713.76 strikes a constitutional balance between the interests of a person in the use and possession of his property and the interests of a laborer in the existence of secure collateral commensurate with the value of his services....
...t, or written order. (4) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine of not more than $500 or imprisonment in the county jail for not more than 3 months. . 713.76 Release of lien by filing bond.— (1) Any lienee may release his property from any lien claimed thereon under this part by filing with the clerk of the circuit court a cash or surety bond, payable to the person claiming the lien, in the amoun...
