Francois v. Executive Towing & Recovery, Inc.
A towing company towed and stored a vehicle that had been reported stolen and mailed the statutory lien/sale notice ten days later, outside the five-business-day window of section 713.78(4)(c). The trial court found strict compliance and entered judgment for the tow operator after a bench trial. The Fourth DCA reversed, holding that a towing-storage lien is purely statutory, requires strict compliance with section 713.78, and that the untimely notice defeated compliance.
Key facts
- A towing company towed a vehicle reported stolen and sent the statutory lien/sale notice to the registered owner ten days after storage, outside the five-business-day window required by Florida Statutes section 713.78(4)(c).
- The trial court found the towing company achieved strict compliance with the lien statute and entered judgment for the tow operator after a bench trial.
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Why it matters
The opinion gives Fourth DCA authority, aligned with the First, Third, and Fifth DCAs, that section 713.78 towing and storage liens are strictly construed and that missing the five-business-day notice deadline is fatal… — full analysis with a trial
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