Ayala Law Secures Critical Appellate Victory on Florida Lien Enforcement

We secured an important appellate victory for our client after the Fourth District Court of Appeal reversed a final judgment and remanded the case for further proceedings.

At the center of the appeal was a fundamental issue of Florida lien law: when a lien exists only because a statute creates it, the party seeking to enforce that lien must strictly comply with the requirements of that statute.

Representing the appellant, Eduardo A. Maura, Esq., and Luis Quesada of Ayala Law successfully challenged enforcement of a statutory lien after showing that the required statutory notice was not provided on time.

Why Strict Compliance Matters in Florida Lien Law

Liens can give businesses powerful legal rights over property, but those rights are not unlimited. In this case, the Fourth DCA emphasized that a towing-storage operator’s lien is purely statutory. Because the lien does not arise under common law, it can only be created and enforced when the requirements of the statute are followed.

The court relied on established Florida law holding that liens that are “purely creatures of statute” require strict compliance with the statutes from which they derive.

That principle has implications well beyond the particular circumstances of this case. When a business claims a statutory lien against property, the question is not simply whether the business believes it is owed money. The legal requirements for creating and enforcing the lien must also be satisfied.

Florida Lien Notice Requirements Can Determine Whether a Lien Is Enforceable

Florida Statute § 713.78 establishes requirements governing certain liens for towing and storage charges. 

Among those requirements is a notice provision requiring the towing-storage operator to provide notice to the registered owner within five business days after the vehicle is stored. The statute also provides that failing to make good-faith efforts to comply with the notice requirements can prevent storage charges from being imposed against the vehicle.

In this case, the vehicle was stored on October 16, 2024. The required notice was not sent until October 26, 2024, outside the five-business-day period required by the statute. 

The appellate court determined that this failure meant the operator had not strictly complied with the statutory notice requirements.

The Court Rejected the Idea That Notice Is Just a Technicality

The Fourth DCA made an important point: the notice requirements are mandatory, not discretionary.

The purpose of the notice is substantive. It gives a property owner the opportunity to understand that charges have been incurred, that a lien is being claimed against the property, and that the lienholder may ultimately attempt to enforce the lien through a sale if the charges remain unpaid.

In other words, statutory notice can be much more than paperwork, but a critical part of determining whether a lien can legally be enforced.

Ayala Law Successfully Obtains Reversal

Because the required notice was not timely provided, the Fourth District Court of Appeal reversed the final judgment and remanded the case for further proceedings.

For our attorneys, the decision represents another example of why careful attention to statutory requirements matters in litigation. A seemingly small procedural requirement can have significant consequences when someone’s property rights are at stake. Appellate Appellate Appellate Appellate Appellate Appellate Appellate

Attorney Eduardo A. Maura remarked, “Statutory liens carry significant legal consequences, but the right to enforce a lien comes with statutory requirements. This decision reinforces the importance of examining whether those requirements have actually been satisfied before a lien is enforced against someone’s property.”

What This Florida Lien Decision Means for Property Owners and Businesses

The decision is a useful reminder for anyone dealing with a disputed lien: do not assume that a lien is enforceable simply because another party claims one exists.

Whether a lien is valid and enforceable can depend on the statute creating it, the requirements imposed by that statute, and whether those requirements were actually followed. For businesses, property owners, investors, and others involved in disputes over property and statutory liens, these details can become central to the outcome of a case.

At Ayala Law, our litigation attorneys handle complex disputes involving property rights, liens, commercial disputes, and enforcement of legal rights. When a lien is being asserted against valuable property, understanding the statutory basis for that lien and whether the requirements were followed can make all the difference.

Need legal help? Please don’t hesitate to contact one of our experienced attorneys at 305-570-2208. 

You can also contact our team directly at: arianna@ayalalawpa.com                    

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].