American Eagle Towing, Inc. v. Inter Freight, Inc.

Summary

The Florida Third District Court of Appeal affirmed a final summary judgment invalidating towing and storage liens asserted by American Eagle Towing, Inc. and All in 1 Used Truck Parts & Tires Repair, Inc. against Inter Freight, Inc.’s vehicle. The court held that the appellants failed to strictly comply with the five-business-day notice requirement of section 713.78(4)(c), precluding storage charges and perfection of the statutory lien.

Holdings

1. A towing-storage operator that fails to strictly comply with section 713.78(4)(c)'s mandatory five-business-day notice requirement cannot impose storage charges against the vehicle owner or perfect a statutory lien against the vehicle.
2. The challenged judgment was final and appealable because it adjudicated the entirety of Inter Freight's claims and ended all judicial labor in the case.

Questions Presented

1. Whether Appellants' failure to comply with the mandatory five-business-day notice requirement in section 713.78(4)(c) invalidated their claimed towing and storage lien and precluded recovery of storage charges.
2. Whether the challenged judgment was a final, appealable judgment rather than a non-final order.

Disposition

affirmed