The 2023 Florida Statutes (including Special Session C)
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. . . . § 319.28(a)(1)-(3) (2015). . . .
. . . MAI-CR 3d § 319.28. . . .
. . . Section 319.22(1) provides, in pertinent part, that: “(1) Except as provided in §§ 319.21 and 319.28, . . . Stat § 319.28, which include transfers by “inheritance, devise or bequest, order in bankruptcy, insolvency . . . Stat. § 319.28(l)(a).” * * * “... . . . Stat. § 319.28(l)(a) (2015) (emphasis added). . 11 U.S.C. § 301. . . . .
. . . . § 319.22(1) bars this Court from declaring otherwise: “ (1) Except as provided in §§ 319.21 and 319.28 . . .
. . . . § 319.28, Fla. Stat. (2012). . . .
. . . . § 319.28(2)(b) expressly recognizes that ownership transfers to the secured creditor upon repossession . . . In re Kalter, 292 F.3d at 1358 (quoting Fla.Stat. § 319.28(2)(b)). . . . earlier, the court looked to Florida’s Certificate of Title statute for its explicit recognition in § 319.28 . . .
. . . The statute provides an exception (embodied in § 319.28(1)) for a vehicle which has been transferred . . . title from the Florida Department of Highway Safety and Motor Vehicles (the “Florida DMV”)- Section 319.28 . . . Citing to TL-23(I) of the DMV Procedures Manual, the court noted that the DMV has interpreted § 319.28 . . . Stat. 319.22(1) provides: Except as provided in ss 319.21 and 319.28, a person acquiring a motor vehicle . . . Stat. 319.28(l)(a) provides: In the event of the transfer of ownership of a motor vehicle or mobile home . . .
. . . . § 319.28, expressly mandated that ownership transfers upon repossession. . . .
. . . . § 319.28, titled “Transfer of Ownership by Operation of Law”, “ownership passes when the creditor repossesses . . .
. . . truck had been returned to the lienholder, which had issued an affidavit of repossession under section 319.28 . . .
. . . . § 319.28(1)(a) and (2)(b)). . Emphasis added. . See Motors Acceptance Corporation v. . . .
. . . The Court found that “[a]lthough marketable title is only evidence of ownership, § 319.28 recognizes . . . Florida Statutes § 319.28(2)(b) provides that “[i]n case of repossession of a motor vehicle ... pursuant . . . Stat. § 319.28 is titled, Transfer of Ownership by Operation of Law. . . . .
. . . the court looked to Florida’s transfer of ownership by operation of law statute, Florida Statute § 319.28 . . . STAT. § 319.28. . . .
. . . Stat. § 319.28(2)(b). . . . Stat. § 319.28 exception to § 319.22 would make no sense. . . . Stat. § 319.28. . . . Stat. § 319.28(l)(a) (emphases added). . . . Stat. § 319.28), to hold that ownership transfers upon repossession. . . .
. . . Stat. § 319.28(2)(b). . . . Stat. § 319.28 exception to § 319.22 would make no sense. . . . Stat. § 319.28. . . . Stat. § 319.28(l)(a) (emphases added). . . . Stat. § 319.28), to hold that ownership transfers upon repossession. . . .
. . . In so ruling, the district court found particular support in the language of Florida Statute § 319.28 . . . Stat. § 319.28(l)(a) (1999)(emphasis added). . . . Stat. § 319.28(2)(b) (1999)(emphasis added). . . . Florida Statutes § 319.28 is poorly drafted. . . . Section 319.28(l)(a) presupposes that there has already been a transfer of ownership. . . .
. . . The Statute under consideration is entitled 319.28 Transfer of ownership by operation of law. . . . determine the rights to the collateral of the Debtors and the repossessing creditors by virtue of Fla.Stat. 319.28 . . .
. . . The court recognized the exception embodied by § 319.28(2)(b), which enables a creditor to repossess . . . The Court is not persuaded by Kalter’s rebanee on the “former owner” language in § 319.28 as support . . . Such a holding renders the procedural protections contained in § 319.28 meaningless. . . . CONCLUSION Because Creditor did not obtain a new certificate of title pursuant to Fla.Stat. § 319.28 . . . Although Kalter cites to § 319.28(1)(b), the text to which the court refers is actually that of § 319.28 . . .
. . . interest in a repossessed vehicle until a new certificate of title is issued under Florida Statutes § 319.28 . . . holding on the fact that the procedures for transfer of title of a repossessed vehicle outlined in § 319.28 . . . Section 319.28 functions as procedural protection for a debtor’s ownership interest in a vehicle that . . . “Only after all of [the § 319.28] conditions are met can the creditor with a repossessed vehicle obtain . . . This Court will not interpret § 319.28 so as to render it superfluous and ineffective. . . .
. . . In so ruling, the District Court found particular support in the language of Florida Statute § 319.28 . . . The court concluded that under Florida Statute § 319.28, the act of repossession causes ownership of . . .
. . . However, the law in Florida Statute Section 319.28(l)(b) makes it clear that upon repossession, the party . . . See Section 319.28, Fla.Stat. (1981). . . . As referenced above, the Florida courts construed Florida Statutes Section 319.28 as causing ownership . . . Credit Union in this case, but that the Florida Statutes governing title, specifically Florida Statutes 319.28 . . . Florida Statute 319.28(l)(b) reads as follows: "In case of repossession of a motor vehicle or mobile . . .
. . . Florida Statute 319.22 provides in pertinent part: (1) Except as provided in §§ 319.21 and 319.28, a . . . One relevant exception to this rule is contained in Section 319.28 of the Florida Statutes, which provides . . . If title transfer was automatic, the provisions in Chapter 319.28 would have no meaning. . . . repossessed collateral, the statute is modified and enhanced by the requirements of Florida Statute 319.28 . . .
. . . [section] 319.28, a person acquiring a motor vehicle ... from the owner thereof ... shall not acquire . . . Under § 319.28(2)(b), In the case of repossession of a motor vehicle ... pursuant to the terms of a security . . . Stat. § 319.28(2)(b). . . . There is no Florida case law on point with regard to § 319.28. . . . I shall construe § 319.28 as also affecting marketability and not validity of title. . . .
. . . .— (1) Except as provided in ss. 319.21 and 319.28, a person acquiring a motor vehicle or mobile home . . .
. . . Section 319.22(1), Florida Statutes (1985), states: (1) Except as provided in ss. 319.21 and 319.28, . . .
. . . . § 319.28(l)(a). . 28 U.S.C.A. § 2281 et seq. . . .
. . . J., and ERVIN, J., concur. . “(1) Except as provided in ss. 319.21 and 319.28, no person acquiring a . . .
. . . In the event the automobile is repossessed, §319.28 prescribes a method whereby title can be transferred . . .
. . . which provides in part as follows: “319.22 TRANSFER OF TITLE. “(1) Except as provided in §§ 319.21 and 319.28 . . .
. . . Section 319.22(1), F.S.A., reading as follows: “Except as provided in §§ 319.21 and 319.28, no person . . .
. . . .— “(1) Except as provided in §§ 319.21 and 319.28, no person acquiring a motor vehicle from the owner . . .
. . . (1) “Except as provided in §§ 319.21 [relating to new cars or purchase of used cars by dealers] and 319.28 . . .
. . . .— “(1) Except as provided in Secs, 319.21 and 319.28, no person acquiring a motor vehicle from the owner . . .
. . . Except as provided in §§ 319.21 and 319.28, no person acquiring a motor vehicle from the owner thereof . . .
. . . .— (1) Except as provided in sections 319.21 and 319.28, no person acquiring a motor vehicle from the . . .