CopyCited 4 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 7448, 2004 WL 943209
...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....
...r 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....
