Associates Commercial Corp. v. Ross
Decided March 27, 1985. Full CAP opinion, including the quoted statutes and reasoning, actually retrieved and read.
Source note (2026-10-18):
- Links on this page to
https://static.case.law/so2d/465/cases/0663-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
Holding and limits
The court affirmed application of Eastern Airlines: section 713.74’s three-month period limits the right to retain possession against the owner, not the lien’s existence itself. It considered the then-effective section 679.310 possessory-lien priority rule and sections 85.011/85.031’s structure. The repair-bond procedure reduced the hardship of detention; the court also rejected the particular Motor Vehicle Repair Act disclosure objection.
This is a historical statutory decision, not a ruling that every current repair sale complies or extinguishes every earlier interest. Current section 679.333 replaces the cited priority provision and must be read on its own terms. Barker Boatworks (2019) later cites the possession-duration reasoning; that actual later citation is not comprehensive good-law clearance.
See florida and florida-barker-boatworks-2019.
Legal information, not legal advice.
Independent Primary-Text Comparison — 2026-10-17
Applied by 2019 J.V. Air and 2019 Barker; continued perfection is not indefinite right of possession. Current operative comparison: § 713.74; § 85.011; § 85.031. Full holding verification is not a comprehensive still-good-law certificate. Where the former source URL failed, the working full-opinion source now appears in metadata; original failed receipts remain separate in the review evidence.
Legal information, not legal advice. Verify against the cited primary sources and consult a licensed Florida attorney before acting.