FBA CORP. N/K/A THE FBA AVIATION CORP., APPELLANT,
v.
GENERAL AIR SERVICES, INC., A FLORIDA CORPORATION, APPELLEE
FBA CORP. N/K/A THE FBA AVIATION CORP., APPELLANT,
GENERAL AIR SERVICES, INC., A FLORIDA CORPORATION, APPELLEE
479 So. 2d 321
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Heritage Real Est. & Dev. Co., Inc. v. Gaich, 620 So. 2d 1118 (Fla. 5th DCA 1993)…in the alternative, enter final summary judgment on the complaint but “stay” its execution pending resolution of the counterclaim. See also, Carpenter v. Super Pools, Inc., 534 So. 2d 426 (Fla. 5th DCA 1988); FBA Corp. v. General Air Services, Inc., 479 So. 2d 321 (Fla. 3d DCA 1985); Atrio Consolidated Industries, Inc. v. Southeast Bank, 434 So. 2d 349, 350 n. 1 (Fla. 3d DCA 1983); Davar Corp. v. Tropic Land Improvement Corp., 330 So. 2d 482 (Fla. 4th DCA 1976); § 673.3051(1)(c), Fla. Stat. (1992 Supp.). In A…
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ST. Paul Fire & Marine Ins. Co. & FBA Corp. v. Gen. AIR Servs., Inc., 513 So. 2d 1322 (Fla. 3d DCA 1987)…PER CURIAM. In FBA Corp. v. General Air Services, Inc., 479 So. 2d 321 (Fla. 3d DCA 1985), this court remanded the case to the trial court with directions to enter an order staying execution on the judgment foreclosing General Air Services, Inc.’s (GASI) possessory lien on an aircraft owned by FBA Corp. (FBA) until dis…
Authorities Cited
- Davar Corp. v. Tropic Land Improvement Corp., 330 So. 2d 482 (Fla. 4th DCA 1976)
- Jones v. State, 434 So. 2d 349 (Fla. 3d DCA 1983)