Florida/Georgia Personal Injury & Workers Compensation

...AAT is a motor vehicle repair shop which performed repairs on the subject motor vehicle. At the time of the repairs, Nice Car held a lien on the vehicle. When the owner of the vehicle failed to pay for the repairs, AAT issued a Notice of Claim of Lien and Proposed Sale of Motor Vehicle, pursuant to section 713.585, Florida Statutes (2012)....

...Auld, 450 So.2d 217, 219 (Fla.1984)) (emphasis omitted). Further, courts will avoid interpreting statutes in a manner that will lead to absurd results. Holly, 450 So.2d at 219 . We apply these common sense rules to the two statutory provisions implicated in this case. The first is section 713.585, found in Part II of Florida’s miscellaneous lien law. The second is section 559.917, found Part IX of Florida’s Regulations of Trade, Commerce and Investments. Section 713.585, “Enforcement of lien by sale of motor vehicle,” provides in pertinent part: A person claiming a lien under s....

...court in the county in which the vehicle is held.... (h) Notice that the owner of the vehicle has a right to recover possession of the vehicle without instituting judicial proceedings by posting bond in accordance with the provisions of s. 559.917. § 713.585(l)(g) & (h), Fla. Stat. (2012) (emphasis added). Further, section 713.585(5) provides that: (5) At any time prior to 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 file a demand for hearing with the cler...

...rcuit court in the county in which the vehicle is held to determine whether the vehicle has been wrongfully taken or withheld from her or him. Id. (emphasis added). It is patently obvious from a plain reading of subsections (l)(g), (l)(h) and (5) of section 713.585, that the legislature never intended to give “any person claiming an interest in or lien” on the vehicle the right to post a bond in order to obtain possession....

...mine the purposes of Chapters 559 and 713 by allowing “motor vehicle repair shops to benefit from mechanic’s liens without having to comply with the consumer protection requirements of the Repair Act.” We find no merit to this argument because section 713.585(1) specifically requires that a repair shop give notice to lien holders, such as Nice Car, that the vehicle is being sold to satisfy the repair shop’s lien for services rendered to the vehicle. Moreover, section 713.585 requires that Nice Car be informed of its right to a hearing in order to determine whether the vehicle has been *643 wrongfully taken or withheld, the validity of the repair lien, and the priority of the repair lien against existing security interests. §§ 713.585(l)(g), (5), & (7)(a)-(b), Fla....

...on of the vehicle as a lien holder. Accordingly, we reverse and remand this matter for the trial court to determine whether the motion filed by Nice Car, which precipitated the order on appeal, constitutes a request for hearing as contemplated by subsection 713.585(5), and for further proceedings in accordance with that section....

...ting to judicial process, if it can be done without a breach of the peace. Certainly, the trial court at the hearing contemplated by subsection (5) can afford the lien holder the option of posting a bond in order to obtain possession of the vehicle. § 713.585(l)(g), Fla....

...e attorney of his intention to auction the truck, much less of the date of the auction. Instead, he merely asserted that the attorney still had “plenty of time to get the vehicle.” Nagy testified that JNT followed the lien notice requirements of section 713.585, Florida Statutes (2006), by timely sending a letter to Lawless’s last-known address and posting an ad in the newspaper....

...ims in this context, and we cannot conceive that Congress intended such a disruption. Affirmed. ALTENBERND and KELLY, JJ, Concur. . Stated differently, the trial court appears to have held that literal compliance with the lien notice requirements of section 713.585 — ■ which appears by its repeated references to customers and repairs to be aimed more at mechanics than towing companies — is insufficient to protect a lienor from a later tort action for conversion when the vehicle's owner has...

LEHAN, Judge. In this action for, inter alia, replevin and conversion, defendant appeals from a final summary judgment which determined that defendant failed to follow the provisions of section 713.585, Florida Statutes (1987), in selling plaintiff’s truck after plaintiff’s lessee had failed to pay defendant for repair work done on the truck. The trial court ruled that section 713.585, which concerns liens on motor vehicles, governs over section 85.031(2), which concerns generally liens on personal property, and that therefore defendant was not entitled to- choose which section to follow....

...As Gries explained, “In a purist sense, if we did not have jurisdiction, we had no jurisdiction to relinquish_” Id. at 1282 n. 4. Thus, we have jurisdiction. With regard to the merits of this appeal, we conclude that the trial court properly ruled that as between sections 85.031(2) and 713.585, section 713.585 was *1303 the controlling statute. Though the two statutes overlap, section 85.031(2) pertains generally to liens on personal property while section 713.585 pertains specifically to liens on motor vehicles....

...When two statutes cover the same subject-matter, the more narrowly-drawn statute controls. Adams v. Culver, 111 So.2d 665 (Fla.1959); Floyd v. Bentley, 496 So.2d 862 (Fla. 2d DCA 1986), review denied, 504 So.2d 767 (Fla.1987). As plaintiff argues, it should not be concluded that when the legislature enacted the provisions of section 713.585, which are detailed and comprehensive, are tailored for the type of situation involved here, and were enacted while the more generalized provisions of section 85.031 were in effect, the legislature intended that section 85.031 could continue to govern this situation....

...However, as plaintiff points out, defendant failed to raise this aspect as an affirmative defense. See Fla.R.Civ.P. 1.110(d); Syncom Corp. v. Bank Leumi Trust Co., 479 So.2d 207 (Fla. 3d DCA 1985). In any event, the relevant inquiry is whether defendant complied with section 713.585....

Fla. Stat. (2019) (emphasis added). Second, section 713.585, Florida Statutes (2019), “Enforcement of lien

...t 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)....

...He contracted with Toyano’s Auto Repair Services (“repair shop”) to replace the car’s transmission. After the completion of repairs, Joseph failed to pay for the work and pick up the car, so the repair shop continued to store the vehicle. Pursuant to section 713.585, Florida Statutes, the repair shop filed a Notice of Claim of Lien & Proposed Sale of Motor Vehicle to Satisfy Lien. The notice was sent in December 2019 to Joseph and the Southern Auto Finance Company, LLC (“SAFCO”), the lienholder on the vehicle....

...Cummings, 871 So. 2d 1055, 1058 (Fla. 2d DCA 2004)). An indispensable party “has a due process right to defend the suit in the same way any other named party to civil litigation has a due process right to defend.” Green Emerald Homes, 300 So. 3d at 705. Section 713.585, Florida Statutes (2019), and 559.917, Florida Statutes (2020), establish that SAFCO was an indispensable party to an action on the bond it posted. 1 In its motion for rehearing, the repair shop relied on America Atlantic Transmission v. Nice Car, Inc., 112 So. 3d 639 (Fla. 4th DCA 2013), to argue that section 713.585 does not give a lienholder the right to post a bond in order to obtain possession, and that the term “customer” in section 559.917(1)(a), which was defined in section 559.903(1), Florida Statutes (2012), does not include “any person claiming an interest in or lien.” The statutory language of section 713.585, referenced by the repair shop in America Atlantic Transmission, had been amended since July 1, 2016. Subsection (1)(j) provides that “a lienholder . . . has the right, as specified in subsection (5), to demand a hearing or to post a bond.” § 713.585(1)(j), Fla. Stat. (2019). The same statutory language can be found in subsection (1)(o) of the current statute. § 713.585(1)(o), Fla....

...tain the release of a vehicle “from any lien claimed under part II of chapter 713 by a motor vehicle repair shop” by posting a bond with the clerk of court. § 559.917(1)(a), Fla. Stat. (2020). 3  Section 713.585 sets forth the procedures that mechanics who perform “labor or services on a motor vehicle” must follow to enforce a lien by sale of motor vehicle. § 713.585, Fla. Stat. (2019). These procedures include, among other things, giving notice to, among others, “all other persons claiming an interest in or lien thereon” the vehicle at issue. § 713.585(1), Fla. Stat. (2019). Subsection (1)(j) of the statute provides that a lienholder “has the right, as specified in subsection (5), to demand a hearing or to post a bond.” § 713.585(1)(j), Fla....

...Subsection (5), in turn, provides that “[a]t any time before the proposed or scheduled date of sale of a vehicle, . . . any person claiming an interest in the vehicle or a lien thereon, may post a bond following the procedures outlined in s. 559.917.” § 713.585(5), Fla. Stat....

...“If the lienor fails to file suit within 60 days after the posting of such bond, the bond shall be discharged by the clerk.” Id. In a suit to recover the bond, a lienholder has standing to defensively “‘allege any violation of . . . chapter 559 in a proceeding instituted pursuant to this subsection[,]’ § 713.585(5), Fla....

...A1 Body & Glass of Coral Springs, LLC, 46 Fla. L. Weekly D1762 (Fla. 4th DCA Aug. 4, 2021). Here, the repair shop filed a Notice of Claim of Lien & Proposed Sale of Motor Vehicle to Satisfy Lien and sent notices to Joseph and SAFCO pursuant to section 713.585, Florida Statutes (2019). Taking advantage of subsection 713.585(5), SAFCO posted a bond in January 2020 and obtained the release of the Infiniti to its possession pursuant to section 559.917....

...Mercedes-Benz GLE 450 at an estimated cost of $44,388.93. In June 2019, Doral hired Federal Lien Corporation to prepare a notice of claim of lien and notice of public sale for the repairs being performed. The notice stated: (1) the lien was subject to enforcement pursuant to section 713.585, Florida Statutes; (2) if payment was not made, the vehicle would be sold after sixty days free of all prior liens; (3) the sixty day “time frame that the motor vehicle be held does not include the day work was completed”; (4)...

...The day after repairs were completed, Daimler Trust posted a $46,000 bond to release Doral’s possessory lien on the vehicle. Doral subsequently filed a complaint against Daimler Trust, Daimler Title, Leon and Sushi Bar. Doral raised four claims: (1) enforcement of the lien pursuant to section 713.585 and section 559.917, Florida Statutes; (2) breach of contract against Leon; (3) breach of contract against Sushi Bar; and (4) unjust enrichment under the lien statute against Daimler, Leon and Sushi Bar. Daimler filed a motion for summary judgment, arguing Doral failed to strictly comply with section 713.585’s notice requirements and unjust enrichment claims are not recoverable under the Motor Vehicle Repair Act. The trial court denied the motion for summary judgment. Daimler filed a motion for reconsideration. After a hearing, the trial court entered an order granting Daimler’s motion for reconsideration and motion for summary judgment finding: (1) section 713.585 required strict compliance; (2) Doral failed to strictly comply with the section 713.585(1)(f) and section 713.585(1)(j), thus rendering its repair lien unenforceable; and (3) a claim of 3 unjust enrichment cannot be pursued under the provisions of the Florida Motor Vehicle Repair Act....

...“However, the trial court’s findings of fact are presumptively correct and must stand unless clearly erroneous.” DK Arena, Inc. v. EB Acquisitions I, LLC, 112 So. 3d 85, 91 (Fla. 2013). LEGAL ANALYSIS I. Compliance with Section 713.585 “Section 713.585 sets forth the procedures that mechanics who perform ‘labor or services on a motor vehicle’ must follow to enforce a lien by sale of 1 A transcript of the hearing was not provided....

...specificity to provide useful guidance to the parties and, if necessary, to allow for appellate review.”). 4 motor vehicle.” Toyano’s Auto Repair Servs. v. S. Auto Fin. Co., LLC, 331 So. 3d 186, 189 (Fla. 4th DCA 2021). Section 713.585, and the relevant subsections, provide: A person claiming a lien under s....

...2d 53, 55 (Fla. 3d DCA 1994) (“A lienor must strictly comply with the statutory provisions to protect its lien.”); Stronger Collision Ctr., LLC v. N. Am. Specialty Ins. Co., 2020 WL 2455602, at *2 (Fla. 11th Jud. Cir. Apr. 21, 2020) (finding section 713.585 must be strictly construed). While “courts have permitted substantial compliance or adverse effect to be considered in determining the validity of a lien when there are specific statutory exceptions which permit their consideration,” section 713.585 provides no standalone exception permitting substantial compliance generally....

...or lack of prejudice to be considered in determining the validity of a lien.” Id. The plain language of the statute specifically mandates that notice to the owner and lienholder “must contain” all information in the proceeding subsections. § 713.585(1), Fla. Stat. (2018). Considering this language, and the rule of statutory construction “that courts should not depart from the plain and unambiguous language of the statute,” we find the trial court properly determined section 713.585 requires strict compliance....

...s express terms or its reasonable and obvious implications.” (quoting Am. Bankers Life Assurance Co. of Fla. v. Williams, 212 So. 2d 777, 778 (Fla. 1st DCA 1968))). Review of the notice of lien shows Doral failed to comply with sections 713.585(1)(f) and 713.585(1)(j). It is undisputed the repair work conducted by Doral was not completed until July 22, 2019. The notice listed the sale date as July 25, 2019. Section 713.585(1)(f) specifically states “[a] vehicle may not be sold earlier than [sixty] days after completion of the repair work.” Doral created its lien more than a month before it completed its repair work and attempted to sell the vehicle a mere three days after the work was completed despite the requisite sixty-day time frame. We find the trial court correctly determined Doral failed to comply with the mandates of the statute. Doral also failed to comply with Section 713.585(1)(j)’s requirement to provide notice “that a lienholder, if any, has the right, as specified in subsection (5), to demand a hearing or to post a bond.” Doral’s notice only indicated an owner could post a bond and did not s...

...Subsection (5) provides that “at any time before the proposed or scheduled 7 date of sale of a vehicle . . . any person claiming an interest in the vehicle or lien thereon, may post a bond following the procedures outlined in s. 559.917.” § 713.585(5), Fla....

...(2018). It further states “[a] lienholder has standing to allege any violation of part IX of chapter 559 in a proceeding instituted pursuant to this subsection,” and outlines how to proceed following a demand for a hearing or posting of a bond. §713.585(5)(a)-(c), Fla....

...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 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....

DELL, Judge. Petitioner filed a claim of lien pursuant to section 713.585, Florida Statutes (1983) for repairs performed on respondent’s automobile....

...o Primicerio’s truck. When Primicerio refused to pay the repair bill, Pro-Line refused to return the vehicle to him. Thereafter, Pro-Line hired United to prepare and send a notice to Primicerio of Pro-Line’s intention to claim a lien pursuant to section 713.585, Florida Statutes, and further to advise Primicerio that the truck would be sold to satisfy the lien if payments were not made by a certain date. Consistent with section 713.585(5), Primicerio filed “a demand for hearing pursuant to a notice of sale of motor vehicle to satisfy lien” against United and Pro-Line....

...Notwithstanding the absence of a transcript from the May 15, 2002 hearing, it is nonetheless clear that the issue of damages was not tried by implied consent. In his motion for fees, costs, and damages, Primicerio sought an award of attorney’s fees and costs against United pursuant to sections 559.921(1) and 713.585(7)(d), Florida Statutes....

...refore section 559.921(1) is inapplicable to it. United is only in the business of preparing statutory lien notices and conducting auctions of vehicles for the purpose of satisfying liens. Primicerio further sought attorney’s fees and costs .under section 713.585(7)(d)....

...This section provides: *852 (7) At the hearing on the complaint, the court shall forthwith issue its order determining: [[Image here]] (d) the award of reasonable attorney’s fees and costs to the prevailing party. However, this section must be read in conjunction with section 713.585(6), which provides: (6) In the event a lienor institutes a judicial proceeding to enforce a lién, no filing fee shall be required at the time of filing, but the court shall require the lienor to pay the filing fee unless the lienor shall prevail in the action....

PER CURIAM. Nolan’s Towing and Recovery appeals from a final judgment awarding costs and attorney’s fees and transferring its counterclaim to county court. We affirm the order awarding attorney’s fees pursuant to section 713.585(5)(d), Florida Statutes (1989)....

...for all of the repairs except for an insurance deductible of $1,000. Henao did not object to the invoice but failed to pick up the vehicle. The body shop delivered notice to both Henao and FGAP of its claim of lien and public sale pursuant to section 713.585, Florida Statutes (2019). The notice provided that the Mercedes could be redeemed with a payment of $3,565, which included the $1,000 deductible, $1,890 for storage of the car, and $675 for the cost of lien publication and sale. FGAP posted a $3,565 cash bond with the clerk of the court....

...other things, that a lienholder like FGAP did not have standing to raise the defenses. The county court granted the motion to strike with leave to amend. In an amended answer and affirmative defenses, FGAP asserted that it had standing as a lienholder pursuant to section 713.585(5) to raise violations of Part IX of Chapter 559, Florida Statutes, and to challenge the body shop’s compliance with lien procedure. The body shop moved for summary final judgment, challenging FGAP’s standing to raise its nonc...

...In the Section 559.917 Bond Proceeding, FGAP Had Standing to Defensively Raise the Body Shop’s Compliance with the Act To collect the remainder of the bill and storage charges, the body shop commenced a motor vehicle lien proceeding governed by section 713.585, Florida Statutes (2019). Subsection 713.585(5) provides that, at any time 3 before a sale, “any person claiming an interest in the vehicle or a lien thereon, may post a bond following the procedures outlined in s. 559.917.” FGAP held a lien on the Mercedes. As a lienholder, FGAP had standing to “allege any violation of part IX of chapter 559 in a proceeding instituted pursuant to this subsection.” § 713.585(5), Fla....

...section 559.917, Florida Statutes (2019). Once a bond has been posted, a motor vehicle repair shop has “60 days to file suit to recover the bond.” § 559.917(1)(b), Fla. Stat. (2019). The body shop filed suit against the bond. In that proceeding, under subsection 713.585(5), FGAP had standing to defensively raise the body shop’s violation of the Act. 1 We reverse the summary final judgment and remand to the county court for further proceedings consistent with this opinion, including the entry of an order in compliance with section 713.585(7), Fla....

...aced,” Fla. H.R. Comm. on Judiciary, CS/CS/CS/HB 431 (2019) Final Staff Analysis 1 (June 10, 2019), the Florida Legislature in 2019 amended section 559.917 to align the lienholders’ rights and protections under the Act with the plain language of section 713.585(5), Florida Statutes....

...f the motor vehicle from any lien claimed under part II of chapter 713 by a motor vehicle repair shop” by filing a bond with the clerk. § 559.917(1)(a), Fla. Stat. (2020). This amendment thus clarified a lienholder’s rights that were obvious in section 713.585(5)....

PER CURIAM. Appellant, Renew Auto Collision of South Florida, Inc., appeals the trial court’s order declining to award it attorney’s fees under section 713.585, Florida Statutes (2015), as the prevailing party....