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Florida Statute 713.15 | Lawyer Caselaw & Research
F.S. 713.15 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 713.15

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 713
LIENS, GENERALLY
View Entire Chapter
F.S. 713.15
713.15 Repossession of materials not used.If for any reason the completion of an improvement is abandoned or though the improvement is completed, materials delivered are not used therefor, a person who has delivered materials for the improvement which have not been incorporated therein and for which he or she has not received payment may peaceably repossess and remove such materials or replevy the same and thereupon he or she shall have no lien on the real property or improvements and no right against any persons for the price thereof, but shall have the same rights in regard to the materials as if he or she had never parted with their possession. This right to repossess and remove or replevy the materials shall not be affected by their sale, encumbrance, attachment, or transfer from the site of improvement, except that if the materials have been so transferred, the right to repossess or replevy them shall not be effective as against a purchaser or encumbrancer thereof in good faith whose interest therein is acquired after such transfer from the site of the improvement or as against a creditor attaching after such transfer. The right of repossession and removal given by this section shall extend only to materials whose purchase price does not exceed the amount remaining due to the person repossessing but where materials have been partly paid for, the person delivering them may repossess them as allowed in this section on refunding the part of the purchase price which has been paid.
History.s. 1, ch. 63-135; s. 35, ch. 67-254; s. 809, ch. 97-102.
Note.Former s. 84.151.

F.S. 713.15 on Google Scholar

F.S. 713.15 on Casetext

Amendments to 713.15


Arrestable Offenses / Crimes under Fla. Stat. 713.15
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.15.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CENTER FOR POWELL CROSSING, LLC, v. CITY OF POWELL, OHIO,, 173 F. Supp. 3d 639 (S.D. Ohio 2016)

. . . . § 713.15 (retroactive zoning ordinances prohibited); Ohio Const., Árt. . . .

ART MIDWEST, INC. a a XII, a a v. M. CLAPPER LLC, a XIII LLC, a, 242 F. App'x 130 (5th Cir. 2007)

. . . . § 713.15; City of Dublin v. Finkes, 83 Ohio App.3d 687, 615 N.E.2d 690, 693 (1992). . . .

XXL OF OHIO, INC. v. CITY OF BROADVIEW HEIGHTS, v. SCOTTSDALE INDEMNITY COMPANY, 341 F. Supp. 2d 825 (N.D. Ohio 2004)

. . . restriction of the lawful preexisting uses of Plaintiffs property in violation of Ohio Revised Code § 713.15 . . .

XXL OF OHIO, INC. v. CITY OF BROADVIEW HEIGHTS,, 341 F. Supp. 2d 765 (N.D. Ohio 2004)

. . . sign ordinance violates Ohio’s prohibition against retroactive zoning ordinances at Ohio Rev.Code § 713.15 . . .

In GREEN, M. J. E. v. M. J. E. v. M. J., 268 B.R. 628 (Bankr. M.D. Fla. 2001)

. . . Policy No. 0022652360 $ 5,000.00 FSA § 222.14 $ 5,000.00 Annuities Prudential Annuity Contract # 005233 713.15 . . . FSÁ § 222.14 713.15 Interests in Individual Retirement Accounts Jackson National Life Insurance IRA . . .

NORTH OLMSTED CHAMBER OF COMMERCE, v. CITY OF NORTH OLMSTED,, 86 F. Supp. 2d 755 (N.D. Ohio 2000)

. . . signs which existed prior to the passage of the sign ordinance constitute violations of Ohio Rev.Code § 713.15 . . . not reach Plaintiffs’ claims of vagueness (count two), over-breadth (count three), Ohio Rev.Code § 713.15 . . .

J. L. SPOONS, INC. v. CITY OF BRUNSWICK,, 49 F. Supp. 2d 1032 (N.D. Ohio 1999)

. . . Spoons argues that the regulation violates the non-conforming use provision of Ohio Revised Code § 713.15 . . . However, this requirement contravenes both the Ohio Constitution and Ohio Revised Code § 713.15. . . . Section 713.15 prohibits retroactive zoning ordinances, stating that “[t]he lawful use of any dwelling . . . existing and lawful at the time of enacting a zoning ordinance ..., may be continued .... ” O.R.C. § 713.15 . . .

E. WOLFE, v. VILLAGE OF BRICE, OHIO,, 37 F. Supp. 2d 1021 (S.D. Ohio 1999)

. . . Plaintiff argues in his Motion for Summary Judgment that, pursuant to Ohio Rev.Code § 713.15, his use . . . for adult entertainment purposes could not have been grandfathered into the Village’s zoning under § 713.15 . . . Ohio Rev.Code § 713.15 provides: The lawful use of any dwelling, building, or structure and of any land . . . otherwise provides by ordinance, any future use of such land shall be in conformity with sections 713.01 to 713.15 . . . Section 713.15 addresses two separate and distinct issues: (1) the existence of a lawful use at the time . . .

LE DAUPHIN CONDOMINIUM ASSOCIATION, INC. a Le v. GROUNDWORKS OF PALM BEACH COUNTY, INC., 719 So. 2d 13 (Fla. Dist. Ct. App. 1998)

. . . whether a lien on behalf of Groundworks occurred in the course of these transactions under section 713.15 . . .

In D. R. GORIS PLUMBING, INC. C. NIXON, v. DAVIS WATER AND WASTE INDUSTRIES, INC. d b a, 49 B.R. 146 (Bankr. M.D. Fla. 1985)

. . . and sale of the ceramic pipe, Davis no longer possessed a perfected statutory lien as provided by § 713.15 . . . the property was transferred, the property was subject to a perfected statutory lien by virtue of § 713.15 . . . The defense asserted by Davis in opposing the trustee’s claim is based on Chapter 713.15 Fla.Stat. which . . . Thus, § 713.15 is categorized by the Florida Legislature under both “Liens” and “Mechanics’ Liens.” . . . This leads to the question whether or not the lien created by Chapter 713.15 Fla.Stat. would survive . . .

FLORIDA FEDERAL SAVINGS AND LOAN ASSOCIATION, v. BRITT S, INC., 455 So. 2d 1345 (Fla. Dist. Ct. App. 1984)

. . . . & Loan Association appeals a final judgment allowing Britt’s Inc., pursuant to section 713.15, Florida . . . Subsequently, in a separate proceeding on Britt’s cross-claim, the trial court found that section 713.15 . . . Section 713.15 provides: If for any reason the completion of an improvement is abandoned or though the . . . Clearly, under the statute if the appliances were incorporated, section 713.15 is not applicable; however . . . , if they were not, section 713.15 provides an equitable means by which a supplier may recover furnished . . .

GENERAL ELECTRIC COMPANY, v. ATLANTIC SHORES, INC., 436 So. 2d 974 (Fla. Dist. Ct. App. 1983)

. . . See also § 713.15, Fla.Stat. (1981). . . .

In LOWERY BROTHERS, INC. a S. AVDOYAN, v. DAVIS WATER WASTE INDUSTRIES, INC. a, 589 F.2d 851 (5th Cir. 1979)

. . . TJOFLAT, Circuit Judge: The controlling issue in this case is whether Florida Statutes section 713.15 . . . On appeal, the district court reversed, holding that Florida Statutes section 713.15 creates a statutory . . . 713.15 does create a mechanics’ lien, or at least some form of lien. . . . The lien created by section 713.15 exists only by virtue of statute; section 713.15 does not merely codify . . . Florida Statutes Section 713.15 and Section 67(c)(1)(A): The lien created by section 713.15 is triggered . . .

NATIONAL STEEL PRODUCTS COMPANY, a v. DONALD L. MYRICK AND ASSOCIATES, INC. a L. d b a L. a a, 353 So. 2d 657 (Fla. Dist. Ct. App. 1977)

. . . to replevy these materials pursuant to the specific statutory right of replevin granted by Section 713.15 . . . proceedings, state a cause of action for the replevin of the building materials, founded on Section 713.15 . . . First, the appellees contend that Section 713.15 does not give appellant an independent right to replevy . . . Section 713.15 thus gives the person who delivered the materials two distinct courses of action, peaceable . . . Furthermore, we note that the forerunner of the present Section 713.15, Florida Statutes (1975), was . . .

ASSOCIATED HOUSING CORPORATION, v. KELLER BUILDING PRODUCTS OF JACKSONVILLE, INC., 335 So. 2d 362 (Fla. Dist. Ct. App. 1976)

. . . An issue to be resolved at trial is whether plaintiff should have pursued its remedy under F.S. 713.15 . . . F.S. 713.15 provides, in pertinent part: “If for any reason the completion of an improvement is abandoned . . .

J. E. Co. v., 63 Cust. Ct. 65 (Cust. Ct. 1969)

. . . The imported integrators were classified by the government under item 713.15 of the Tariff Schedules . . . are not gas or liquid supply or production meters, nor parts thereof, and are not described in item 713.15 . . . and calibrating any of the foregoing meters; all the foregoing and parts therefor: Meters: $$$$$$$ 713.15 . . . gas or liquid used over a given period of time, it is a part of a meter within the meaning of item 713.15 . . . First, it is to be observed that the articles covered by item 713.15 were (as the parties agree) formerly . . .

O M. v., 31 T.C. 1175 (T.C. 1959)

. . . $5,321.90 by $4,208.39 through withholding, $400 by declaration of estimated tax, and final payment of $713.15 . . .

L. LARSEN, v. D. POWELL,, 16 F.R.D. 322 (D. Colo. 1954)

. . . cancellation of a release of the liability referred to in the first count, reciting a consideration of $713.15 . . .

SMALL v. HEYWOOD- WAKEFIELD CO., 21 F. Supp. 697 (D. Mass. 1937)

. . . One only of these debts was proved in the sum of $713.15. . . .

JESSE E. LaDOW, 3 B.T.A. 219 (B.T.A. 1925)

. . . the judgment, together with costs and interest thereon, in the total amount of $9,865.21, of which $713.15 . . .