Aersale, Inc. v. Total Air Services, Inc.
Aircraft owners challenged summary judgment validating statutory fuel liens recorded by a fuel supplier under section 329.41, Florida Statutes (2017). The Third District affirmed, holding that a fuel lien under section 329.41 is not a possessory lien and that the Legislature's 2019 amendment—stating a lienor need not possess the aircraft to perfect the lien—merely clarified existing law rather than substantively changing it.
Key facts
- Aircraft owners Aersale, Inc. challenged summary judgment entered in favor of Total Air Services, Inc., a fuel supplier that had recorded a statutory fuel lien under section 329.41, Florida Statutes (2017), on aircraft owned by the plaintiffs.
- The fuel supplier recorded the lien without possessing the aircraft, and the aircraft owners argued the lien was invalid because it was not a possessory lien and the supplier never took possession of the planes.
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Why it matters
The opinion resolves whether Florida's aviation fuel lien is possessory—an issue that matters to fuel suppliers, aircraft owners, lessors, and lenders—and confirms suppliers may record and enforce liens on aircraft they… — full analysis with a trial
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