FBA Corp. v. General Air Services, Inc.

District Court of Appeal of Florida

FBA Corp. v. General Air Services, Inc.

479 So. 2d 321, 11 Fla. L. Weekly 21, 1985 Fla. App. LEXIS 17366

CourtDistrict Court of Appeal of Florida

DecidedDecember 17, 1985

DocketNo. 85-226

StatusPublished

Cited by2 cases

This text of 479 So. 2d 321 (FBA Corp. v. General Air Services, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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FBA Corp. v. General Air Services, Inc., 479 So. 2d 321, 11 Fla. L. Weekly 21, 1985 Fla. App. LEXIS 17366 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

The trial court entered a final judgment foreclosing General Air Services, Inc.’s (GAS’s) possessory lien on an aircraft owned by FBA Corporation (FBA). The effect of the judgment is to permit execution without there first being a determination as to FBA’s affirmative defense of a set-off. Accordingly, we affirm the partial summary judgment in favor of GAS as to FBA’s liability (which is admitted), Atrio Consolidated Industries, Inc. v. Southeast Bank, 434 So.2d 349 (Fla. 3d DCA 1983), but remand the case to the trial court with directions to enter an order staying execution on the judgment until disposition of FBA’s claim of set-off. Davar Corp. v. Tropic Land Improvement Corp., 330 So.2d 482 (Fla. 4th DCA 1976).

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PER CURIAM.

The trial court entered a final judgment foreclosing General Air Services, Inc.’s (GAS’s) possessory lien on an aircraft owned by FBA Corporation (FBA). The effect of the judgment is to permit execution without there first being a determination as to FBA’s affirmative defense of a set-off. Accordingly, we affirm the partial summary judgment in favor of GAS as to FBA’s liability (which is admitted), Atrio Consolidated Industries, Inc. v. Southeast Bank, 434 So.2d 349 (Fla. 3d DCA 1983), but remand the case to the trial court with directions to enter an order staying execution on the judgment until disposition of FBA’s claim of set-off. Davar Corp. v. Tropic Land Improvement Corp., 330 So.2d 482 (Fla. 4th DCA 1976).

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479 So. 2d 321, 11 Fla. L. Weekly 21, 1985 Fla. App. LEXIS 17366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fba-corp-v-general-air-services-inc-fladistctapp-1985.

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