Flagship State Bank v. Carantzas
Decided December 16, 1977; rehearing denied January 5, 1978. The full CAP opinion was actually read; a reproduction’s 1978 index label is not the original decision date.
Source note (2026-10-18):
- Links on this page to
https://static.case.law/so2d/352/cases/1259-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
Holding
The court reversed ratification of a personal-property execution bill of sale. A junior creditor with notice of senior writs could not use its larger judgment as a credit bid contrary to the advertised cash/subject-to-prior- liens sale. The ordinary cash rule permits a judgment-creditor credit bid within its lawful scope when sale costs are paid, not priority evasion. Title requires payment; the bill could be set aside for the invalid payment method (pp. 1261–63).
Limits and actual later use
The writ-delivery lien-ranking discussion predates Florida’s later judgment- lien filing system; it is not silently adopted as today’s complete priority rule. The opinion distinguishes the earlier Love bona-fide-purchaser facts and does not decide every current secured-interest discharge question. florida-highland-consulting-v-soule-2023 actually adopts the later report’s payment/title analysis, while preserving separate lender replevin process. That verified later use is not comprehensive good-law certification.
See florida and florida-wildwood-crate-v-citizens-bank-1929.
Legal information, not legal advice.
Independent Primary-Text Comparison — 2026-10-17
Highland applies payment rule and permits proper credit bids. Historical writ-delivery ranking is not current certificate ranking. Current operative comparison: § 55.202; § 56.25; § 56.27. Full holding verification is not a comprehensive still-good-law certificate. Where the former source URL failed, the working full-opinion source now appears in metadata; original failed receipts remain separate in the review evidence.
Legal information, not legal advice. Verify against the cited primary sources and consult a licensed Florida attorney before acting.