HomeMy WebLinkAbout0855 BADCOCK V. ~BERTS - CASE 74-724
arising from a storage contract between the vendee and •
the warehouseman?
The facts giving rise to this suit all occurred
subsequent to January 1, 1967, and are controlled by the
provision of the Uniform Commercial Code as adopted in
Florida. Section 679.9-310, Florida Statutes, provides
as follows:
"When a person in the ordinary course of
his business furnishes services or materials
with respect to goods subject to a security
interest, a lien upon goods in the possession
of such person given by statute or rule of
law for such materials or services takes
priority over a perfected security interest
unless the lien is statutory and the statute
expressly provides otherwise." (Underlining
added)
From the undisputed facts of this case it is apparent that
Law's in the ordinary course of its business furnished -
j services with respect to goods which were subject to the ~
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€ security interest of Badcock. As pointed out in the Uniform
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~ Commercial Code comment to_Section 679.9-310, found at page
t
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~ 302, of Volume 19 C, Florida Statutes Annotated, pre-Code
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~ decisions as to priority between security devices and liens
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~ for services or material turned on whether the secured party
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~ did or did not have "title". Under the Code, the rule was
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~ changed and the lien for services or material was made prior
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where they were furnished in the ordinary course of the
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lienor's business and the goods involved are in the lienor's
e:
t possession. An exception is made if the lien is statutory
_
- and the statute expressly provides otherwise. ~
.
' We must therefore consider the statute which ~
= is the basis of Law's claim of lien to determine whether
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