Martin Young Private Investigative Agency, Inc. v. Department of Banking & Finance, Division of Finance
Martin Young Private Investigative Agency, Inc. v. Department of Banking & Finance, Division of Finance
Opinion of the Court
Martin Young Private Investigative Agency, Inc. challenges an order of the Division of Administrative Hearings whereby the
Moreover, the creditors to whom the Division awarded the insurance proceeds were not “owners” pursuant to section 717.101(11), Florida Statutes, because they did not have a “legal or equitable interest” in the subject property. Insurance proceeds are personal property which judgment creditors cannot reach or claim an interest in until after resorting to judicial process. See La-hav Flooring and Fixtures v. Weinstein, 590 So.2d 1055 (Fla. 3d DCA 1991) (recording of judgment alone does not automatically create a lien on debtor’s personal property; judgment creditor’s lien attaches to personal property and priority is established at the time that the writ of execution is delivered to the sheriff in the county where the personal property is located).
REVERSED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.