## Facts

- Tack I, Inc. owned an aircraft subject to Textron Financial Corporation’s perfected security interest.
- After Tack I defaulted, the aircraft was released to Textron, but it was then in Creston Aviation, Inc.’s possession.
- Creston provided fuel and maintenance and claimed a mechanic’s lien under Florida law.
- Creston recorded a notice of lien with the Federal Aviation Administration (FAA) Aircraft Registry but did not file a verified notice of lien in Broward County, Florida, where the aircraft was located when services were last furnished.
- Textron obtained prejudgment replevin of the aircraft after posting a bond and sought attorneys’ fees on the ground that Creston’s lien was wrongfully filed.
- Creston counterclaimed and pursued foreclosure of its asserted lien, relying on the FAA filing and also recording a lis pendens.

## Issues

1. Whether federal aircraft lien-recording law preempted Florida’s requirement that a lienor file a verified notice of lien in the county where the aircraft was located when services were last furnished.
2. Whether Creston’s failure to comply with the county filing requirement rendered its lien invalid and unenforceable as a matter of law.
3. Whether Textron was entitled to attorneys’ fees for a wrongfully filed lien under Florida law.

## Decision

- The court affirmed summary judgment for Textron.
- Federal aircraft recording requirements did not preempt Florida’s additional county filing requirement for enforcing an aircraft lien created by state law.
- Because Creston did not file the verified notice of lien in the required county, its lien was invalid and unenforceable.
- The court affirmed the award of attorneys’ fees to Textron on the ground that the lien was wrongfully filed.

## Legal Principles

- Federal aircraft recording statutes generally govern national notice and the effect of recording interests in aircraft, but do not bar states from imposing additional, nonconflicting conditions for creating or enforcing state-law liens.
- Under Florida law, an aircraft mechanic’s lien claimant must strictly comply with statutory notice and filing requirements, including filing a verified notice of lien in the county where the aircraft was located when the services were last furnished.
- Recording with the FAA does not validate a lien that is defective under the state statute that creates the lien right.
- When a lien is invalid for failure to meet statutory requirements, it may be treated as wrongfully filed for purposes of awarding attorneys’ fees under Florida law.

## Conclusion

The court held that Florida’s county verified-notice requirement for aircraft liens was not preempted by federal aircraft recording law; Creston’s failure to file locally made its lien unenforceable, and Textron’s replevin judgment and attorneys’ fees award were affirmed.


Creston Aviation, Inc. v. Textron Fin. Corp., 900 So. 2d 727 (Fla. Dist. Ct. App. 4th Dist. 2005)