Florida District Courts of Appeal, 1991

Stern v. 168 Associates, Inc.

Stern v. 168 Associates, Inc.
Florida District Courts of Appeal · Decided March 5, 1991 · Barkdull, Cope, Hubbart
575 So. 2d 754; 1991 Fla. App. LEXIS 1604; 1991 WL 26822 (Southern Reporter, Second Series)

Stern v. 168 Associates, Inc.

Opinion of the Court

PER CURIAM.

Edward Stern appeals a final order determining the priority of claims against personal property. Stern challenges the trial court’s ruling that the claim of appellee Consolidated Associates, Ltd., was superior to that of Stern with respect to certain specific items of personalty.

We conclude that the trial court ruling was correct. The transaction between Stern and John C. Malloy was in substance one which created a security interest in personal property. § 679.102, Fla.Stat. (1989). As the security interest was not perfected by filing, it was not entitled to priority over Consolidated’s execution lien. See §§ 679.301-.303, Fla.Stat. (1989). No reversible error has been shown by Stern’s *755points on appeal. The order under review is therefore affirmed.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.