112 So. 3d 639
Fla. Dist. Ct. App.2013Background
- AAT, a motor vehicle repair shop, repaired a vehicle with Nice Car as lien holder; Nice Car posted a lien on the vehicle.
- AAT issued a Notice of Claim of Lien and Proposed Sale under §713.585, Florida Statutes (2012), served on the owner and Nice Car.
- The notice advised of a hearing right and a right to recover possession by posting a bond under §559.917.
- Nice Car posted a cash bond under §559.917(l)(a) and was issued a Clerk’s Certificate directing release of the vehicle.
- AAT refused to release the vehicle despite the Clerk’s Certificate; Nice Car sought contempt relief; court held AAT in contempt and ordered release; appellate court reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a lien holder may post a bond to obtain possession under §559.917 | Nice Car argues bond allows possession by any party with an interest | AAT contends only the vehicle owner or customer may post bond under statutes | Lien holder not authorized to post bond; reversed and remanded |
| Whether 713.585(l)(g), (l)(h), and (5) contemplate a hearing right for non-owners posting bond | Nice Car asserts hearing rights apply to lien holders via notice | AAT maintains hearing rights are limited to owner or designated parties | Trial court erred; remand to determine hearing request under §713.585(5) and related provisions |
Key Cases Cited
- Sunrise Motors, Inc. v. A-Leet Leasing of Florida, 547 So.2d 267 (Fla. 4th DCA 1989) ( Sunrise Motors limited value of 'customer' definition in context of lien)
- Holly v. Auld, 450 So.2d 217 (Fla. 1984) (plain meaning governs; avoid absurd results)
- Schroeder v. Gebhart, 825 So.2d 442 (Fla. 5th DCA 2002) (equitable remedies available to satisfy exigencies)
- Daniels v. Fla. Dep’t of Health, 898 So.2d 61 (Fla. 2005) (statutory interpretation principles emphasize express intent)
- Brown v. City of Vero Beach, 64 So.3d 172 (Fla. 4th DCA 2011) (plain meaning and legislative intent guide interpretation)
- Lowe v. Broward County, 766 So.2d 1199 (Fla. 4th DCA 2000) (avoid reading into statute what is expressly omitted)