First National Commerce & Finance v. Indiana National Bank

Decided July 5, 1978; docket 77-1101. Full majority, dissent and footnote retrieved from the unofficial OpenJurist opinion reproduction. Independent review recovered the complete majority, dissent and footnote from CAP; the later direct OpenJurist 403 is preserved separately and does not erase the earlier retrieval.

Source note (2026-10-18):

  • Links on this page to https://static.case.law/so2d/360/cases/0791-01.json are 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

A purchaser bought an aircraft at a repair-lien sale without actual notice to the FAA-recorded secured lender.

Holding and reasoning

Affirmed: the purchaser acquired title, but the recorded security interest survived. The repair priority did not itself extinguish that interest. The court distinguished priority litigation from a completed-sale discharge.

Practical impact

Priority and clean title are different questions. This decision interprets 1975 statutes; modern recording requirements need separate analysis.

Good-law status

Comprehensive later treatment remains unverified; the publisher’s badge is not a citator check.

Applies in →

florida · aircraft

Legal information, not legal advice.

Independent Primary-Text Comparison — 2026-10-17

Distinguishes Carolina Aircraft’s ranking; current county/FAA validity and repair-auction predicates separately compared. Current operative comparison: § 85.031; § 329.01; § 329.51; § 679.3151. 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.