Carolina Aircraft v. Commerce Trust
Decided January 31, 1974; docket 72-596. Full opinion and footnotes retrieved from Justia’s unofficial reproduction, not its generated summary. Independent review also recovered the complete CAP court text and footnotes; the direct Justia 403 remains a separate failed attempt.
Source note (2026-10-18):
- Links on this page to
https://static.case.law/so2d/289/cases/0037-01.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.
Facts
An aircraft repairer retained possession while the previously recorded lender sought foreclosure.
Holding and reasoning
Reversed: the possessory repair lien prevailed under the then-effective statutory priority rule. Federal recording did not itself decide that priority. The court expressly left the lien’s amount undecided.
Practical impact
The holding concerns a retained possessory lien, not every modern nonpossessory claim or a purchaser’s post-sale title.
Good-law status
florida-first-national-commerce-v-indiana-national-bank-1978 distinguishes priority from discharge. Comprehensive treatment and later statutory effects remain unverified.
Applies in →
Legal information, not legal advice.
Independent Primary-Text Comparison — 2026-10-17
First National Commerce later distinguishes priority from unnotified lender discharge; 2019 nonpossessory amendment/current 679.333 conditions prevent unqualified modern export. Current operative comparison: § 329.51; § 679.333. 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.