Astraea Aviation Services Inc. v. Nations Air

The main issue presented by this appeal is whether § 70.301 of the Texas Property Code requires a mechanic to obtain the consent of an aircrafts owner to perform work before the mechanic can secure a lien on the aircraft. Astraea Aviation Services, Inc. d/b/a Dalfort Aviation ("Dalfort")--a company that provides aircraft maintenance and repair services--asserted a lien on an aircraft and brought a foreclosure suit against the owner of the aircraft. Dalfort now appeals from a judgment denying the existence of a lien. Dalfort also appeals the decision to assess attorneys fees against, rather than in favor of, Dalfort under Tex. Prop. Code Ann. § 70.306 (West 1995). The owner of an aircraft serviced by Dalfort, 9 Lives Holding, Inc. ("9 Lives"), cross-appeals the magistrate Judges denial of recovery on two of 9 Lives counterclaims. We conclude that the magistrate Judge correctly interpreted § 70.301 to require an owners consent, and we also agree that the Judge granted appropriate relief to 9 Lives on its counterclaims. We therefore affirm the judgment in all respects.