PNCEF, LLC v. SOUTH AVIATION, INC.

No. 4D10-2861.

60 So.3d 1120 (2011)

PNCEF, LLC, Appellant, v. SOUTH AVIATION, INC. and Fred Machado, Appellees.

District Court of Appeal of Florida, Fourth District.

May 11, 2011.


Attorney(s) appearing for the Case

Thomas A. Dye and Dean A. Morande of Carlton Fields, P.A., West Palm Beach, for appellant.

Charles R. Morgenstein of Mmo Legal Services, LLC, Boca Raton, for appellees.


GERBER, J.

The appellant lender moved for a prejudgment writ of replevin pursuant to Section 78.055, Florida Statutes (2010), to recover four aircraft which the borrowers' lessee maintained in Broward County. The circuit court denied the motion. We reverse, concluding that the lender met its burden of showing that its motion for a prejudgment writ of replevin should have been granted.

The lender initially filed an action to recover the aircraft from the borrowers...

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