Legal Opinion
SO. HORIZONS AVIATION v. Farmers & Merchants Bank of Lakeland
Court of Appeals of Georgia
Decided March 10, 1998No. A97A1961PublishedCited by 5 opinions
1Opinion of the Court
Johnson, Judge.
In this appeal, we decide which creditor/claimant has a superior interest in an airplane: an aircraft repair company which asserted a mechanic’s lien on the airplane in superior court but failed to record its interest with the Federal Aviation Administration (“FAA”), or a bank which recorded its purchase money security interest in the airplane with the FAA after the mechanic initiated lien foreclosure proceedings. In affirming the trial court, we hold that the bank’s security interest has priority over the repair company’s interest.
On January 25, 1994, Edward Blythe borrowed…
2Cases cited5 opinions
- Philko Aviation, Inc. v. ShacketSupreme Court of the United States · 1983
- Crescent City Aviation v. Beverly Bank of ChicagoIndiana Court of Appeals · 1966
- Newton Ford Tractor Co. v. J. I. Case Credit Corp.Court of Appeals of Georgia · 1982
- Dawson v. General Discount Corp.Court of Appeals of Georgia · 1950
- Bishop v. R. S. Evans, East Point Inc.Court of Appeals of Georgia · 1949
3Cited by5 opinions
- G & B Aircraft Management v. Smoot (In Re Utah Aircraft Alliance)Bankruptcy Appellate Panel of the Tenth Circuit · 2006
- Southern Air Transport, Inc. v. Northwings Accessories Corp. (In Re Southern Air Transport, Inc.)United States Bankruptcy Court, S.D. Ohio · 2000
- Tradewinds Airlines, Inc. v. AAR Aircraft Services-Miami, Inc. (In Re Tradewinds Airlines, Inc.)United States Bankruptcy Court, S.D. Florida. · 2008
- Kelley v. Murphy (In Re McConnell)United States Bankruptcy Court, M.D. Georgia · 2011
- NationsBank of Tennessee, N.A. v. Hardwick Carpets International, Inc.Court of Appeals of Georgia · 1998