HomeMy WebLinkAbout0857 BADCOCK V. ~BERTS - CASE NO. 74-724
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National Bank of Miami v. First Bonded Warehouse, Fla.,
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174 So 2d. 606, 3 DCA (1965). However, the pre-Code g
cases are not controlling, and the result in this case ~
is based solely upon the provisions of the Code.
A contrary result has been reached in_the case
of a garageman's lien. In Gables Lincoln-Mercury_ Inc. v.
First Bank & Trust Co., Fla. 219 So 2d. 90, 3 DCA, (1969),
the Court held that under the Uniform Commercial Code, a
garageman's lien had priority over a bank's prior security
interest, inasmuch as the statute creating garageman's lien
did not expressly provide otherwise. The result in that
case was dictated by the difference in the statute creating
the garageman's lien. It might be argued that it is not
consistent to allow the garageman a priority lien and to
deny it to the warehouseman. However this is an argument
that must be addressed to the Legislature, not the courts.
,
! The effect of the County Judge's order, requiring
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~ Badcock to pay the storage expenses charged by Law's, was
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~ to deny the priority of Badcock's security interest. This
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E was contrary to the provisions of the Code and must be
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~
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~ reversed. Therefore the Judgment below is set aside and
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Y the case remanded with instructions that a Final Judgment
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~ of Replevin be entered in favor of Badcock and against Roberts
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~ and Law's.
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Dated this ~ day of March, 1975.
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:d
RCUIT JUDGE
Copies furnished to:
`=Y
_ Hon. E. P. DeFriest, County Judge
Douglas Lawless, Esq.
Fred T. Gallagher, Esq. - 5-
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a~ 237 ~ 856
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