The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . 22, which allege that appellees, in misappropriating the rents from the property, violated sections 818.01 . . . Section 818.01, Florida Statutes, provides that it is a crime for a person to pledge, mortgage, sell . . .
. . . . § 818.01 (1998), which prohibits the disposal of personal property subject to a lien without the written . . . Ann. § 818.01, and fraudulent transfer in violation of Fla. Stat. . . . Ann. §§ 697.07, 818.01, and 726.105. . . . Section 818.01 As a first alternative to reliance upon § 697.07, Citation invokes Fla. Stat. . . . The courts below therefore did not err in determining that Citation’s invocation of § 818.01 fails. . . .
. . . . § 818.01 (1998), which prohibits the disposal of personal property subject to a lien without the written . . . Ann. § 818.01, and fraudulent transfer in violation of Fla. Stat. . . . Ann. §§ 697.07, 818.01, and 726.105. . . . Section 818.01 As a first alternative to rebanee upon § 697.07, Citation invokes Fla. Stat. . . . The courts below therefore did not err in determining that Citation’s invocation of § 818.01 fails. . . .
. . . Oaks sued Justice and its officers for fraud, conversion and for violation of sections 818.01 and 818.03 . . . (Fla. 3d DCA 1983), which held that the bank had satisfactorily estabhshed the elements of section 818.01 . . .
. . . Florida Statute § 818.01 The Florida Supreme Court has described the purpose of § 818.01 as follows: . . . Citation initially asserted that Ormond Beach is liable in damages for violation of § 818.01 in that . . . Section 818.01 Does Not Apply to Rents Although § 818.01 is nominally a penal statute providing for criminal . . . Partnership, 102 B.R. 161, 164-6 (Bankr.D.Minn.1989). . 818.01. . . . Florida Statute § 818.01 (1971). . . . .
. . . . §§ 818.01 and 818.03, Fla.Stat. (1991). . . . .
. . . Flanigan’s sought damages under section 818.01, Florida Statutes (1977), which prohibits sale of encumbered . . . The trial court ruled that Flanigan’s held a landlord’s lien on the license, that section 818.01 was . . . The court further ruled that Barnett was not liable under section 818.01 because that section’s consent . . . court acknowledged conflict with Hanus and Littman, wherein the courts found liability under section 818.01 . . . to dispose of personal property encumbered by a lien without the written consent of the lienholder: 818.01 . . .
. . . court’s initial determination that it could have been held liable to Flani-gan’s pursuant to section 818.01 . . . the record adequately supports the trial court’s finding of estoppel, and we also think that section 818.01 . . . APPLICABILITY OF SECTION 818.01. . . . Section 818.01 is a very old statute, having first appeared in 1893. . . . Barnett argues in its cross-appeal that section 818.01 applies only to tangible personal property, and . . .
. . . . — Secured Transactions, and section 818.01, Florida Statutes, which concerns disposing of personal . . . cross appeal questioning the initial judgment’s finding of liability under chapter 679 and section 818.01 . . .
. . . Paul for costs of defense and settlement was $664,-818.01. St. . . .
. . . Under § 818.01, Florida Statutes (1985), it is a misdemeanor of the first degree to sell or otherwise . . .
. . . Section 818.01. . . .
. . . alleged that Royal Trust had maliciously initiated criminal prosecution against him pursuant to section 818.01 . . . found that Royal Trust should recover on its civil complaint against Von Zamft pursuant to section 818.01 . . . Zamft compensatory and punitive damages on his counterclaim for malicious prosecution under section 818.01 . . . Section 818.01 (“Disposing of personal property under lien, etc") provides, in pertinent part, as follows . . . A violation of section 818.01 may give rise to a civil cause of action for compensatory and punitive . . .
. . . The complaint further alleged that Ocean City had violated Sections 818.01 and 818.05, Florida Statutes . . . Section 818.01(1) provides: Whoever shall pledge, mortgage, sell, or otherwise dispose of any personal . . .
. . . The bank then filed suit seeking damages for violation of sections 818.01 and 818.03, Florida Statutes . . . Appellants further allege that neither section 818.01 nor 818.03, on which this action is founded, apply . . . Appellants’ contention that section 818.01 is inconsistent with and was therefore repealed by enactment . . . At the outset we observe that this court has previously held that a violation of penal statutes 818.01 . . . Additionally, both section 818.01 and 818.03 were amended following adoption of the UCC and after the . . .
. . . The alleged invalidation of Section 818.01, Florida Statutes (1975), under which appellant was tried . . . Obviously, 818.01 was spawned as a result of merchants having no protection under the law when a vendee . . . To this point I agree with Judge Nesbitt, but as the state points out, 818.01 was re-enacted in 1971, . . . Thus, the legislature has spoken since enactment of 679.31 regarding 818.01. . . . In Helmig the appellate court affirmed the conviction under 818.01. . . .
. . . selling personal property subject to a lien, without the consent of the lienholder, in violation of § 818.01 . . .
. . . respondent that there is a deficiency in petitioner’s income tax for the year 1969 in the amount of $818.01 . . .
. . . their amended complaint plaintiffs seek a declaration of rights and determination that Florida Statute 818.01 . . . Florida Statute 818.01(1) prohibits a debtor from removing personal property subject to a lien or conditional . . . Chapter 65-254 codified as Florida Statute 679.311, had worked an implied repeal of Florida Statute 818.01 . . . Accordingly, a final judgment will be entered declaring and decreeing that Florida Statute 818.01 was . . . repealed by the enactment of Florida Statute 679.311 and that §818.01 is void and of no force and effect . . .
. . . to return, Schwartz caused criminal proceedings to be instituted against her alleging violation of § 818.01 . . .
. . . complaint, sought to recover compensatory and punitive damages from the appellee for its violation of §§ 818.01 . . . Reversed and remanded. . “818.01 Disposing of personal property under lien, etc. . . . knowingly and without the written consent of the person having such a lien thereon, as mentioned in § 818.01 . . .
. . . CERTIFIED QUESTION “May the Plaintiff have civil relief in tort if the Defendant has breached Chapter 818.01 . . .
. . . non-resident corporation, constitute a crime against the state of Florida within the purview of section 818.01 . . . The pertinent provisions of the statute are as follows— “818.01 Disposing of personal property under . . . to have recorded it in Florida, and no reason is apparent why it was not within the terms of section 818.01 . . . prove an intent to defeat, hinder or delay the enforcement of a lien in prosecutions under section 818.01 . . .
. . . The analogy is even more apparent when it is considered that, under the law of this state, Section 818.01 . . .