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COMMERCIAL JET, INC. v. U.S. BANK, N.A.

No. 3D10-619.

45 So.3d 887 (2010)

COMMERCIAL JET, INC., Appellant, v. U.S. BANK, N.A., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied November 3, 2010.

Attorney(s) appearing for the Case

McDonald and McDonald and David M. McDonald , Miami, for appellant.

White & Case and Stephen M. Corse , and Rachel Sullivan , Miami, for appellee.

Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

CORTIÑAS, J.

Commercial Jet filed this action to foreclose a purported mechanic's lien on a Boeing 767 aircraft for which it had provided maintenance and repairs. Despite an outstanding balance, Commercial Jet returned the aircraft to Silver Jet, its operator, which put it back into service. After it relinquished possession of the aircraft, Commercial Jet recorded a claim of lien under sections 713.58 and 329.51, Florida Statutes, for the unpaid balance

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