in Re: Patrick J. Curry and PJC Equipment Leasing, LLC, 407 S.W.3d 376

Relators Patrick J. Curry and PJC Equipment Leasing owned an IAI Westwind II and employed MKW Aviation for management, maintenance, storage, and flight/log coordination, with MKW in possession.
Relators sued in Sept. 2012 for declaratory judgment on amounts owed; in Nov. 2012 the trial court issued a writ of sequestration requiring MKW to relinquish the aircraft, records, and logs.
In Jan. 2013 MKW filed a FAA lien for $35,890.31 for storage, maintenance, and fuel; later that month MKW answered and counterclaimed for breach, sworn account, and theft of services.
MKW sought turnover relief under Texas Property Code § 70.302; the trial court granted turnover on May 24, 2013.
Relators petitioned for mandamus contending the court abused its discretion by signing the turnover order; the court denied relief and lifted the stay as to the aircraft.
Statutory framework: Section 70.301 creates an automatic lien for storage, fuel, repairs, or maintenance; Section 70.302 describes retention/retake procedures; Section 9.609 governs repossession, with a reference in § 70.302(b).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether §70.302(b) allows non-secured lienholders to retake an aircraft	Curry argues only a secured party may retake.	MKW argues §70.302(b) permits their retaking as lienholder.	Yes; §70.302(b) permits non-secured lienholders to retake.
Whether the turnover order constitutes an abuse of discretion	Curry contends the order was an abuse of discretion.	MKW contends the order was proper under the statute.	No abuse; turnover order upheld.

Leland v. Brandal, 257 S.W.3d 204 (Tex. 2008) (statutory construction; give effect to all provisions)
First Nat’l Bank in Dallas v. Whirlpool Corp., 517 S.W.2d 262 (Tex. 1974) (self-executing mechanic’s lien; protection of labor and materialmen)
City of Dallas v. Abbott, 304 S.W.3d 380 (Tex. 2010) (statutory interpretation; avoid superfluous language)