J.V. Air Maintenance, Inc., etc., Appellant,
Westwind Leasing, Corporation, Appellee.
final until disposition of timely filed motion for rehearing.
Appeal from a non-final order from the Circuit Court for
Miami-Dade County, Mavel Ruiz, Judge. Lower Tribunal No.
Goldstein & Company, and Jason Goldstein and Joshua
Saval, for appellant.
Law Center, and Jonathan A. Ewing, Jennifer Castro, and Nada
Alfaily (Fort Lauderdale), for appellee.
FERNANDEZ, LOGUE, and LINDSEY, JJ.
appellant, J.V. Air Maintenance, Inc., seeks review of the
trial court's order directing it to return an aircraft
owned by Westwind Leasing Corporation to Westwind. J.V. Air
filed suit to enforce its mechanic's lien on the subject
aircraft. Because J.V. Air has retained possession of the
aircraft beyond the three-month period authorized by section
85.011 of the Florida Statutes, we affirm.
Air performed maintenance work on an aircraft owned by
Westwind. Westwind, however, found the bill for the repairs
to be "grossly exaggerated" and refused to pay. As
a result, J.V. refused to return the aircraft. Instead, J.V.
filed a mechanic's lien against the aircraft and filed
the subject lawsuit to foreclose its liens. Westwind responded by filing a motion for
return of the aircraft under section 85.011, Florida Statutes
(2017). In its motion, Westwind argued that section 85.011
obligated J.V. to return the aircraft to Westwind after three
months; the three months had expired; and Westwind was
therefore entitled to regain possession. J.V. then served
Westwind's counsel a notice of non-judicial sale,
indicating its intent to sell the aircraft at public auction.
The court entered orders canceling J.V.'s proposed
non-judicial sale and directing J.V. to return the aircraft.
J.V. appealed the latter order.
review the interpretation of a statute de novo. Kephart
v. Hadi, 932 So.2d 1086, 1089 (Fla. 2006) ("The
interpretation of a statute is a purely legal matter and
therefore subject to the de novo standard of review.").
imposition and retention of mechanic's liens are governed
by multiple statutes. In its complaint, J.V. plead that it
seeks "to foreclose a lien under sections 713.58 and
329.51." Section 713.58 generally authorizes liens
"[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." §713.58 (1), Fla.
329.51 specifically authorizes "[l]iens for labor,
services, fuel or material expended upon aircraft." It
sets conditions on when a lien under section ...