...tions. See FLA STAT. §
680.1021 ("This chapter applies to any transaction, regardless of form, that creates a lease."). The applicable UCC provisions that set forth a lessor's remedies upon a lessee's default are Sections
680.523,
680.527,
680.528,
680.53, and
680.532....
...disposition is by sale, the lessor may recover from the lessee under Section
680.528 as if the lessor had elected not to *1339 dispose of the goods. Section
680.528(1)(c) provides that a lessor may recover (1) "[a]ny incidental damages allowed under s.
680.53, less expenses saved in consequence of the lessee's default;" and Section
680.528(2) provides that "[i]f the measure of damages provided in subsection (1) is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under s.
680.53, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition." (emphasis added). A lessor's incidental damages under Section
680.53 "include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care, and custody of goods after the lessee's default, or in connection with return or disposition of the goods, or otherwise resulting from the default." (emphasis added). Finally, Section
680.532 recognizes the right of the lessor to recover from the lessee for failure to comply with the lease obligations as to the condition of leased goods when returned to the lessor, and provides that, "[i]n addition to any other recovery pe...
...It would not be "commercially reasonable" to award AAR a windfall of $1,511,000 because this payment was not truly made "in connection with disposition of the Engine," nor did it "result from the default." This amount is also not necessary to "fully compensate" AAR under Section 680.532 because the FedEx contract eliminated any loss or damage to AAR's residual interest in the goods....
