J.V. Air Maintenance, Inc. v. Westwind Leasing, Corporation
A repair shop asserted a mechanic's/possessory lien on an aircraft and refused to return it after the owner disputed the bill. The Third District affirmed an order requiring return of the aircraft, holding that section 85.011(1), Florida Statutes, limits a privity lienor's right to retain possession to three months, but clarified that a perfected lien survives the statutorily compelled surrender of possession.
Key facts
- J.V. Air Maintenance, a repair shop, asserted a mechanic's possessory lien on an aircraft owned by Westwind Leasing and refused to return it after the owner disputed the repair bill.
- The trial court ordered J.V. Air Maintenance to return the aircraft to Westwind Leasing despite the disputed lien claim.
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Why it matters
The opinion gives practitioners a clear, citable rule on the interplay between sections 713.58, 329.51, 85.011 and 85.031 for possessory mechanic's liens on aircraft and other personalty: the three-month possession… — full analysis with a trial
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