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Stern v. 168 Associates, Inc.

District Court of Appeal of Florida, Third District
Apr 1, 1991
575 So. 2d 754 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1574.

March 5, 1991. Rehearing Denied April 1, 1991.

An Appeal from the Circuit Court for Dade County; Ronald M. Friedman, Judge.

Edward Stern, in pro. per.

Mark A. Marder, Miami, for appellees.

Before BARKDULL, HUBBART and COPE, JJ.


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 points on appeal. The order under review is therefore affirmed.

Affirmed.


Summaries of

Stern v. 168 Associates, Inc.

District Court of Appeal of Florida, Third District
Apr 1, 1991
575 So. 2d 754 (Fla. Dist. Ct. App. 1991)
Case details for

Stern v. 168 Associates, Inc.

Case Details

Full title:EDWARD STERN, APPELLANT, v. 168 ASSOCIATES, INC., ETC., AND CONSOLIDATED…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 1, 1991

Citations

575 So. 2d 754 (Fla. Dist. Ct. App. 1991)