Florida/Georgia Personal Injury & Workers Compensation

...The statute challenged by plaintiff's second claim is part of the remedies provided by the Florida Legislature to effectuate the statutorily-created liens for people who perform labor or supply services for the personal property of others. Fla.Stat. § 713.58 (Supp.1971)....

...t:" Among the liens provided for thereunder in subsequent sections of the statute is one "in favor of persons performing labor or services for any other person, upon the personal property of the latter upon which the labor or services is performed." § 713.58....

..., the operator of an aircraft storage and repair center, to repair an aircraft owned by Global. A dispute arose concerning the amount Global owed for the repairs, and Advanced filed a mechanic’s lien on the aircraft pursuant to sections 329.51 and 713.58, Florida Statutes (2010)....

...ount to be determined by the court, which fee must be taxed as part of the prevailing party’s costs, as allowed in equitable actions. (emphasis added). Advanced sought attorney’s fees under section 713.29 for a lien it filed pursuant to sections 713.58 and 329.51. Section 713.58 concerns possessory liens for labor or services on personal property, and is contained in Part II of Chapter 713, “Miscellaneous Liens.” Section 329.51 is a notice statute that applies to liens claimed on an aircraft. See generally Commercial Jet, Inc. v. U.S. Bank, N.A., 45 So.3d 887 (Fla. 3d DCA 2010). Neither section 713.58 nor section 329.51 provides for attorney’s fees....

...priority between a prior recorded security interest in the form of a chattel mortgage on an airplane (recorded with the Federal Aviation Authority pursuant to 49 U.S.C.A., Section 1403) and a subsequent Mechanic's Lien for repairs arising under F.S. Section 713.58, F.S.A....

...the relative priority of its unrecorded possessory lien, the parties having stipulated that the attachment by appellee would not affect appellant's lien nor the question of its priority. Appellant's Mechanic's Lien arose under the provision of F.S. Section 713.58, F.S.A....

...By virtue of F.S. Section 679.310, F.S.A.. [1] such statutory lien takes priority over a prior security interest absent any express provision to the contrary in the statute creating the lien. Because no such contrary provision is contained in F.S. Section 713.58, F.S.A., the priority of the Mechanic's Lien is clear....

...rvices to the actual aircraft. Id. at 728-29 ; see § 329.51, Fla. Stat. (2011). The notice and claim of attorney’s charging lien in this case states that the lien is in the amount of $56,425.21 for unpaid compensation for legal services rendered. Section 713.58, Florida Statutes, explains that a lien for labor, or a mechanic’s lien as in Creston Aviation, is placed on the property of the person for whom labor or services are being performed, in favor of the person performing the labor or services. § 713.58, Fla....

...ious balance due $540.80 Storage 175.00 Services (for moving, reblocking and pumping the boat) 65.00 Tax 7.60 ______ Total Amount $738.40 [4] *251 The marina's invoices for labor or services performed upon the boat support a lien by the marina under Section 713.58(1), Florida Statutes (1975), which provides in part: 713.58 Liens for labor [or] services on personal property....

...t, and that in the absence of a warehouseman's lien, the marina had nothing to enforce by means of private sale pursuant to Section 677.210, Florida Statutes (1975). We further conclude that while there may have been evidence to support a lien under Section 713.58, there was non-compliance with the procedures required by Section 85.031, Florida Statutes (1975), so that appellee is not entitled to possession of the boat....

...ges that she was "arrested, imprisoned, booked, mugged (sic) and fingerprinted." The trial judge granted Dr. Wiley a summary judgment, and Mrs. Calleja appeals. We reverse. The summary judgment recites that the judge has taken notice of Fla. Stat. §§ 713.58 and 832.041, F.S.A. (1971). Section 713.58(3) reads: "In that the possessory right and lien of the person performing labor or services under this section is released, relinquished, and lost by the removal of such property upon which a lien has accrued, it shall be deemed prima...

...nal proceedings against the Plaintiff was based on probable cause." There are two simple answers to this theory. The first is that Sandra Calleja did not stop payment on the check. The second is that Dr. Wiley did not charge a criminal offense under Section 713.58, but rather under the general worthless check law, § 832.041....

...erty of North American held by McCracken, unless McCracken is able to assert a duly perfected lien against this property, which would stand up against the avoiding powers of the Debtor-in-Possession. McCracken asserts his lien rights under Fla.Stat. § 713.58, on behalf of Jet Executive, for the labor and services performed upon Plaintiff's property....

...for certain repair work, the boat was subject to a prior recorded security interest held by appellant. Appellee-Yacht Basin performed the requested repair work and after the work had been completed, kept the boat in its possession claiming a possessory lien by virtue of Fla. Stat. §§ 713.58 and 713.60 (1973)....

...The lien shall continue as long as the possession continues, not to exceed three months after performance of the labor or furnishing the material." This statute clearly provides that one acquiring a mechanic's possessory lien against personal property (under a provision such as Fla. Stat. § 713.58) has a lien against the property as against subsequent [2] purchasers and creditors without notice so long as the lienor continues in possession of the property upon which the lien is claimed....

...Essentially, irrespective of whether labor or services were performed for Debtor on Aircraft 504, Defendant argues that it is entitled to assert a lien on Aircraft 504 due to the "cross-collateralization" provision found in the parties' Contract and as a matter of statutory right pursuant to Fla. Stat. § 713.58....

...a lien in the amount of $250,000 against Aircraft 504, for labor, material or services allegedly performed on Aircraft 504 [D.E. 1, Ex. 4]. Debtor has argued that Defendant's assertion of a perfected lien in Aircraft 504 is contrary to Fla. Stat. §§ 713.58, 329.51, and 329.01 because Defendant failed to timely file the FAA Claim of Lien prior to the petition date pursuant to Fla....

...t, other than Aircraft 504. Defendant has argued that it has perfected liens in Aircraft 504 for work performed on Aircraft 504 and for work performed on other aircraft of Debtor in compliance with applicable Florida Statutes, including Fla. Stat. §§ 713.58, 329.51, and 329.01, and as permitted under 11 U.S.C. §§ 362(b)(3) and 546(b). ANALYSIS OF LAW There is no dispute between the parties *618 that Fla. Stat. § 713.58(1) [3] provides a lien for labor or services on personal property on which an artisan actually provides services or labor....

...Where the parties differ is whether Defendant has a perfected lien in Aircraft 504 as of the petition date and, if it does, the extent and priority of the lien. Validity and Enforceability of a Florida Mechanic's Lien Against Aircraft Pursuant to Fla. Stat. § 713.58(1), a lien on personal property upon which labor or services have been provided arises at the time such labor or services are provided....

...n parts and components). As a result, the Court must determine whether Florida allows for the perfection of a mechanic's lien against an aircraft solely by possession. Fla. Stat. § 329.51 provides: Any lien claimed on an aircraft under s. 329.41 or s. 713.58 is enforceable when the lienor records a verified lien notice with the clerk of the circuit court in the county where the aircraft was located at the time the labor, services, fuel, or material was last furnished....

...erest in an aircraft, Defendant cites to Carolina Aircraft Corp. v. Commerce Trust Co., 289 So.2d 37 (Fla. App.4th D.C.A.1974). Despite the holding in Carolina allowing a possessory mechanic's lien for repairs on an aircraft arising under Fla. Stat. § 713.58 to take priority over a properly filed chattel mortgage recorded with the FAA, the Court is not persuaded by its reasoning or holding, given that Carolina was decided before the Florida legislature enacted Fla....

...y filing the claim of lien with the FAA, pursuant to both 49 U.S.C. § 44108 and Fla. Stat. § 329.01. As stated earlier, Fla. Stat. § 329.51 clearly requires a mechanic seeking to enforce a statutory lien against an aircraft pursuant to Fla. Stat. § 713.58 to file a notice of lien with the clerk of the circuit court in the county in which the aircraft received labor or services, and does not alter the separate obligation of the lienor "to record the lien under section 329.01", which requires filing the claim of lien with the FAA....

...s Defendant's argument that its lien secures amounts due Defendant for work performed on other aircraft owned by Debtor. However, the Court feels compelled to address certain of the arguments made by Defendant. Defendant urges the Court to interpret § 713.58(1) to allow it to assert a possessory mechanic's lien against any "property......

...of past due wages. Id. at 122-123. Relying on previous Florida case law allowing lien claims of laborers to attach to personal property of the businesses in which they worked, the Florida Supreme Court could find no valid reason to limit Fla. Stat. § 713.58(1) to laborers rather than managers. Id. (holding "that under the provisions of [§ 713.58] a lien does exist on the personal property of a business in which one performs managerial duties ..."). The more likely construction, and the one espoused by Debtor and supported by case law, is that a mechanic's lien pursuant to Fla. Stat. § 713.58(1) will only attach to personal property upon which labor or services were provided, unless the person seeking attachment of the lien provided services or labor pursuant to an employment relationship. See North American Airlines, Inc. v. McCracken (In re Jet Executive), 27 B.R. 61 (Bankr.S.D.Fla. 1983) (requiring mechanic to turnover property upon which mechanic did not perform labor or services, even though mechanic claimed a lien pursuant to § 713.58 for work performed on other property of debtor no longer in its possession); Lui-M Corp. v. Garland Corp. (In re Garland), 6 B.R. 452 (Bankr.D.Mass.1980) (interpreting Fla. Stat. § 713.58 stating, "the lien is intended to be limited and is expressly made limited to work or labor performed on the property being held," and further stating that the language "or which is used in the business, occupation or employment in which the labor or services is performed... is intended to cover employees or others who cannot identify the specific goods on which they worked"). This interpretation of Fla. Stat. § 713.58 is consistent with Fla....

...unless the person claiming the lien is in possession of the property upon which the lien is claimed." Notwithstanding these cases, the plain language of Fla. Stat. § 329.51 requires that any person seeking to enforce a lien arising under Fla. Stat. § 713.58 against an aircraft, describe, among other things, "the aircraft upon which the lienor has expended labor, services, fuel, or material"....

...§ 329.51, and the fact that no other case has relied on Southern Attractions for the proposition espoused by Defendant, the Court does not find Southern Attractions persuasive or applicable to the case at bar. Therefore, Defendant's claim of lien pursuant to section Fla. Stat. § 713.58(1) can only arise out of services or labor performed on Aircraft 504, and not for any amounts due and owing to *623 Defendant for work performed on other of Debtor's aircraft....

...ed by Defendant in respect of Aircraft 504, such a determination is not necessary at this time to determine the current state of the law regarding the validity and enforceability of mechanic's liens against aircraft under Florida law. [3] Fla. Stat. § 713.58 provides, in relevant part: 713.58 Liens for labor or services on personal property....

..., at 407. Archive's heavy reliance on State v. Miller, 373 So.2d 677 (Fla.1979) is essentially misplaced. [3] Miller upheld the constitutionality of section 713.76, Florida Statutes (1977), which permitted release of a possessory lien established by section 713.58 in favor of persons providing labor and services on personal property, upon the posting of a bond "in the amount of the final bill" rendered by the lienor....

...In September, when she returned from her trip, appellant met with Stoll's managers. When an agreement was not reached regarding the proper amount of appellant's bill, appellee Carver, Stoll's agent, swore out a bad check affidavit for appellant's arrest. The state subsequently charged appellant with violating section 713.58, Florida Statutes (1981)....

...Along with the complaint, Creston filed a Notice of Lis Pendens. By way of summary judgment, the trial court found that Creston's lien was not enforceable because Creston did not comply with section 329.51, which provides that notice of any lien claimed on an aircraft under section 713.58 must be filed in the county where the aircraft was located at the time the labor, services, fuel or materials was last furnished....

...e and repairs. Despite an outstanding balance, Commercial Jet returned the aircraft to Silver Jet, its operator, which put it back into service. After it relinquished possession of the aircraft, Commercial Jet recorded a claim of lien under sections 713.58 and 329.51, Florida Statutes, for the unpaid balance *888 against Silver Jet and U.S. Bank, the aircraft’s owner. Since the purported lien is a possessory lien under section 713.58, and Commercial Jet was no longer in possession of the aircraft at the time it filed the lien, the trial court granted U.S. Bank’s motion for summary judgment. We affirm the trial court’s order and reject Commercial Jet’s argument that section 329.51 modifies section 713.58 by eliminating the requirement that one must have possession of the property in order to claim a lien. Section 713.58 creates a lien “[i]n favor of persons performing labor or services for any other person, upon the personal property of the latter upon which the labor or services is performed....” § 713.58(1), Fla....

...property upon which the lien is claimed: the statute expressly provides that “the pos-sessory right and lien of the person performing labor or services under this section is released, relinquished, and lost by the removal of such property.... ” § 713.58(3), Fla. Stat. (2009). Therefore, there is no question that the lien right afforded by section 713.58 is possessory in nature and that a repairman’s right to claim a lien under section 713.58 is extinguished when he relinquishes possession of the property on which the lien is asserted. See State v. Miller, 373 So.2d 677, 680 (Fla.1979) (explaining that a section 713.58 “lien entitles the lienholder to possession of a customer’s property for three months,” which “is a form of leverage looking solely toward full payment”); E. Airlines Empls. Fed. Credit Union v. Lauderdale Yacht Basin, Inc., 334 So.2d 175, 177 (Fla. 4th DCA 1976) (finding that “a mechanic’s possessory lien against personal property (under a provision such as Fla. Stat. s. 713.58) ......

...614, 622 (Bankr.S.D.Fla.2008) (citing In re Garland Corp., 6 B.R. 452, 454 (Bankr.Mass.1980) (“Possession is the sine qua non of this lien.”)); Archive Am., Inc. v. Variety Children’s Hosp., 873 So.2d 359, 362 (Fla. 3d DCA 2004) (referencing “a possessory lien established by section 713.58”). Commercial Jet agrees that section 713.58 “has been interpreted to” require possession but argues that section 329.51 amended section 713.58 by providing that a valid lien can be created simply by recording a claim of lien within ninety days....

...Instead, it is manifestly a notice statute, as is apparent by its title (“Liens for labor, services, fuel, or material expended upon aircraft; notice”), and it specifically states that it applies to “[a]ny lien claimed on an aircraft under s. 329.41 or s. 713.58 ....” § 329.51, Fla. Stat. (2009) (emphasis added). Section 329.41 creates a lien right for fuel furnished to aircraft; section 713.58 creates a lien right for labor or services performed on aircraft and other personal property. Section 329.51 details how, once a fuel or service provider acquires a lien on an aircraft pursuant to section 329.41 or 713.58, he may perfect his lien and establish priority of enforcement as it relates to third parties. Thus, section 329.51 has no application here because Commercial Jet never acquired a valid lien under sections 713.58 or 329.41. As Commercial Jet did not have possession of the aircraft when it attempted to claim a possessory lien under section 713.58, it cannot proceed in its attempt to foreclose on the purported lien....

PER CURIAM. Affirmed. See Fla.Stat. § 713.58, F.S.A.; Gallucci v. Milavic, Fla.1958, 100 So.2d 375;

GRIFFIN, Judge. Appellant seeks review of a summary final judgment which recognized Sessler’s claim of lien under section 713.58, Florida Statutes (1989), against a 1985 Subaru DL station wagon delivered by its owner to appellant for repairs, but which restricted appellant to recovery of fourteen days’ storage charges based on the fourteen-day notice provision in section 713.78, Florida *362 Statutes. Contrary to the trial judge, we conclude that section 713.78 has no application to this transaction. Appellant is entitled to an adjudication of reasonable storage charges pursuant to section 713.58 without regard to the requirements of section 713.78. This judgment is reversed and remanded for a determination of factual issues presently disputed on the record as to the reasonable number of days and the reasonable daily charge for storage pursuant to section 713.585(5)(e)....

...Plaintiff’s complaint challenges the constitutional validity of the detention and sale provisions of Florida’s “Repairman’s Lien” statute (or “Garagemen’s Lien” statute). This action is based upon 42 U.S.C. § .1983 and seeks a declaratory judgment that Florida Statutes §§ 85.031(2), 85.031 (3) , 713.58(2), 713.58(3) and 713.58 (4) , F.S.A. are unconstitutional, denying plaintiff due process of law. Plaintiff does not challenge the statute creating the lien itself, § 713.58(1)....

...§ 85.031(2) — Remedy of lienor against personal property by sale without judicial proceedings after public notice; 2. § 85.031(3) — Remedy of lienor against personal property; motor vehicles subject to “Repairman’s Lien” may be sold without judicial proceedings after public notice and notice to owner; 3. § 713.58(2) — This section makes it unlawful to remove personal property subject to a “Repairman’s Lien” under § 713.58(1) without first making full payment for the charges; 4. § 713.58(3) — Stopping payment of a check to obtain possession of property subject to a “Repairman’s Lien” constitutes prima facie evidence of intent to defraud; 5. § 713.58(4) — Persons violating Section 713.58 are deemed guilty of a misdemeanor with a maximum penalty of a $500 fine or three months imprisonment....

...the automobile would be returned to plaintiff upon the posting of a $650 bond. Upon review of the allegations of plaintiff’s complaint and the statutes in question, it is clear that no justiciable controversy exists with regard to Florida Statutes § 713.58(2), (3) and (4), F....

...Plaintiff has not been charged in a criminal prosecution under subsection (4), nor has plaintiff been threatened with prosecution under any subsection of the statute. Thus, plaintiff lacks standing to litigate the constitutional validity of Florida Statutes 713.58(2), (3) and (4), F.S.A....

...A controversy does exist, however, with regard to the notice and sale provisions of Florida Statutes § 85.031(2), F.S.A. and in particular § 85.031(3). Florida Statutes § 85.031(2) and (3), F.S.A. are self-help statutes enforced by the private lienholders and not by state officers. Florida Statutes § 713.58(2), (3) and (4), F.S.A....

...Shevin has moved to dismiss Count II of the complaint for failure to state a claim upon which relief can be granted since Florida Statutes § 85.031 et seq., F.S.A. are self-help statutes which do not authorize the Attorney General to perform or not perform any act and since criminal statute § 713.58 is not involved in this case....

...That plaintiff’s request that this cause proceed before a Three-Judge Court is denied, and this cause will proceed before the undersigned, to whom the cause was initially assigned; 2. That plaintiff’s allegations challenging the constitutional validity of Florida Statutes § 713.58(2), (3), F.S.A....

...2015 Chrysler 300 to appellee, HGC Auto Collision, Inc., to satisfy certain fees purportedly incurred after his vehicle was towed to the repair shop following an accident. On appeal, Citron contends the trial court erred in failing to conduct a mandatory lien hearing pursuant to section 713.585(5), Florida Statutes (2019)....

...ien and notice of sale as noncompliant with the relevant statutory scheme. His complaint further demanded an emergency hearing to determine, among other grounds, the validity of the lien and the reasonableness of the charges, as authorized under section 713.585, Florida Statutes....

...The second, chapter 713, Florida Statutes, authorizes liens 5 “[i]n favor of persons performing labor or services for any other person, upon the personal property of the latter upon which the labor or services is performed.” § 713.58(1), Fla....

...[the Act].” § 559.919, Fla. Stat. A repair shop, however, may exercise its prerogative to enforce a valid lien in accordance with the Florida Statutes. In this regard, “[a] vehicle subject to lien enforcement . . . must be sold by the lienor at public sale.” § 713.585(8), Fla. Stat. The lien statutes are intended to facilitate an early determination of the rights of the respective parties. Section 713.585(5), Florida Statutes, provides: At any time before the proposed or scheduled date of sale of a vehicle, the owner of the vehicle, or any person claiming an interest in the vehicle or a lien thereon, may post a bond...

...county in which the vehicle is held to determine whether the vehicle has been wrongfully taken or withheld from her or him. Upon such a demand, “a hearing shall be held before the proposed or scheduled date of sale of the vehicle.” § 713.585(5)(a), Fla. Stat. At the hearing, the trial court must issue findings, including whether the lien is valid and storage charges are reasonable. See § 713.585(7), Fla....

...HGC argues, however, that the non-jury trial was an antidote for any associated error. We are not so persuaded. We begin our analysis with the observation that the statutory language demonstrates the lien hearing provision is mandatory. See § 713.585(5)(a), Fla. Stat. (emphasis added) (“Upon the filing of a demand for hearing, a hearing shall be held before the proposed or scheduled date of sale of the vehicle.”); § 713.585(7), Fla....

...final judgment fails to address the reasonableness of the charges and whether the initial demand for payment was proper and, if not, whether the demand or other procedural deficiencies tainted the ensuing claim of lien and notice of sale. See § 713.585(8), Fla. Stat. (“A vehicle subject to lien enforcement . . . must be sold by the lienor at public sale.”); see also § 713.585(1), Fla. Stat. (“The lienor must give notice . . . within 7 business days, excluding Saturday and Sunday, from the beginning date of the assessment of storage charges on said motor vehicle . . . .”); § 713.585(1)(f), Fla....

...he final judgment under review. Upon remand, the trial court shall conduct a hearing and issue the statutorily required findings, assessing each from the time the demand for hearing was originally made so as to negate any prejudice to Citron. See § 713.585(7), Fla....

...Appellee Miller operates an auto repair business in the city of Miami. Mrs. Martha Gravins delivered her automobile to appel-lee for body work. As a result of a dispute concerning the correct cost of the vehicle’s repair, appellee invoked the provisions of section 713.58, Florida Statutes (1977), 1 which grants a possessory lien in favor of persons providing labor and services on personal property....

...More spe- *679 eifically, we must decide whether under Sniadach v. Family Finance Corp. of Bay View, 395 U.S. 337 , 89 S.Ct. 1820 , 23 L.Ed.2d 349 (1969), and its progeny, adequate procedural safeguards exist in section 713.76 to protect the property rights granted a lienholder in section 713.58....

...We conclude, however, that section 713.76 is constitutional because it does not effect a\significant deprivation of a property interest. In contrast to one’s rights in his wages (Sniadach) or personalty (Fuentes), the property rights afforded under section 713.58 are extremely limited....

...9 Possession of the property is a valuable interest only insofar as it ensures the existence of a secure fund from which the final bill can be satisfied. It is a form of leverage looking solely toward full payment. Under section 713.76, the lienholder occupies at least as favorable a position as under section 713.58....

...Accordingly, we reverse the order of dismissal and remand this cause to the County Court of Dade County for proceedings not inconsistent with • the views expressed in this opinion. It is so ordered. ENGLAND, C. J., and ADKINS, OYER-TON, HATCHETT and ALDERMAN, JJ., concur. BOYD, J., dissents with an opinion. . 713.58 Liens for labor or services on personal property.— (1) In favor of persons performing labor or services for any other person, upon the personal property of the latter upon which the labor or services is performed, or which is used in the business, occupation, or employment in which the labor or services is performed....

...In 1974, the vessel was hauled from the water and stored in dry dock. During the next six years, during which the Dagon remained so stored, Bernier paid no storage bills. In April 1980, Broward Marine resorted to self-help, claiming a valid lien pursuant to section 713.58(1) and 713.60, Florida Statutes, Broward Marine sold the Dagon in accordance with the provisions of section 85.031(2), Florida Statutes....