Gables Lincoln-Mercury v. First Bank and Trust
The full majority and both footnotes were retrieved from the unofficial CAP reproduction. Decided February 11, 1969; rehearing denied March 12, 1969.
Source note (2026-10-18):
- Links on this page to
https://static.case.law/so2d/219/cases/0090-01.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.
A bank holding a retained-title automobile security agreement obtained replevin summary judgment against the repairer possessing the car. All transactions postdated Florida’s January 1, 1967 UCC effective date.
The court reversed and remanded. The then-current § 679.9-310 gave the ordinary-course possessory repair lien priority over the bank’s existing security interest because the creating statute did not expressly provide otherwise. Section 713.50’s priority over later liens did not expressly subordinate the repair lien to earlier contractual security; § 713.73 ordered the statutory labor/material liens among themselves (pp. 91–92).
florida-carolina-aircraft-v-commerce-trust-1974 expressly follows this analysis. Current § 679.333 supplies its own qualifying-possession definition, agricultural-lien exclusion and express-contrary-statute exception. The decision does not turn every nonpossessory aircraft claim into a superpriority or decide a completed purchaser’s title. See florida. Targeted statutory/later-opinion comparison is not comprehensive good-law certification.
Legal information, not legal advice.
Independent Primary-Text Comparison — 2026-10-17
Followed by Carolina Aircraft; supersedes Richardson’s pre-UCC repair result within current possessory rule, not all statutory liens. Current operative comparison: § 679.333; § 713.50. 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.