US Acquisition, LLC v. Tabas, Freedman, Soloff, Miller & Brown, P.A.
87 So. 3d 1229
Fla. Dist. Ct. App.2012Background
- US Acquisition appeals a trial court order enforcing a charging lien and a final order on fees in two related cases arising from a replevin action over an aircraft.
- Tabas Freedman claimed a charging lien for unpaid legal services rendered to Rockbridge (later FDIC substitute) and sought enforcement of that lien attached to the aircraft.
- The lien was not recorded with the FAA under 49 U.S.C. § 44108(a), leading to a challenge by US Acquisition that the lien was not perfected.
- The intermediate appellate court held the lien attached to the aircraft and thus needed FAA recordation; failure to record meant the lien was not perfected.
- The court reversed the enforcing order but affirmed the fee determination to be reconsidered, remanding for possible adjustment, and granted fees to US Acquisition under Rule 9.400.
- Key authorities discussed include FAA recordation, the nature of charging liens, and applicable Florida contract/fee standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the charging lien was perfected by FAA recording | US Acquisition argues non-recordation invalidates lien | Tabas Freedman contends notice suffices; lien valid without FAA recordation | Lien not perfected; FAA recordation required; reversed enforcement order |
| Whether the trial court erred in reducing attorney's fees under the retainer | Freedman contends contract permits fees for collection efforts | US Acquisition argues fees should reflect actual hours and contract terms | Trial court error; fee award should align with Gossett and retainer terms |
| Whether Rule 9.400 fees are warranted on appeal | Freedman seeks appellate fees if prevailing | US Acquisition seeks fees under Rule 9.400; reversal favors applicant | Appellate fees awarded to prevailing party (US Acquisition); opposing fees denied |
Key Cases Cited
- Crestón Aviation, Inc. v. Textron Financial Corp., 900 So.2d 727 (Fla. 4th DCA 2005) (recordation protects third parties; title/cloud interests in aircraft)
- Philko Aviation, Inc. v. Shacket, 462 U.S. 406 (1983) (federal recording controls; central registry to protect title)
- Sinclair, 428 So.2d 1383 (Fla. 1983) (charging lien scope and purpose to secure attorney's fees)
- Leiby Taylor Steams Linkhorst & Roberts, P.A. v. Wedgewood Air Conditioning, Inc., 801 So.2d 127 (Fla. 4th DCA 2001) (charging lien attaches to judgment to secure fees)
- Commercial Jet, Inc. v. U.S. Bank, N.A., 45 So.3d 887 (Fla. 3d DCA 2010) (lien/collection fees and possessory aspects)
- Gossett & Gossett, P.A. v. Mervolion, 941 So.2d 1207 (Fla. 4th DCA 2006) (contract interpretation on charging lien-related fees; evidentiary needs)
- Berryer v. Hertz, 522 So.2d 510 (Fla. 3d DCA 1988) (fees for enforcing charging lien under contract language)