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Bulard Air Services, LLC v. Brown Aviation, Inc.

Court of Civil Appeals of Oklahoma, Division No. 1

April 18, 2019

BULARD AIR SERVICES, LLC, an Oklahoma Limited Liability Company, and Donald McDaniel, d/b/a McDaniel Aviation, Plaintiffs/Appellees,
v.
BROWN AVIATION, INC., an Oklahoma Corporation, Defendant/Appellant.

          Mandate Issued: 07/17/2019

          THIS OPINION HAS BEEN RELEASED FOR PUBLICATION BY ORDER OF THE COURT OF CIVIL APPEALS, Division No. 1

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          APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA; HONORABLE LINDA MORRISEY, TRIAL JUDGE

         AFFIRMED

         Noah Fontanez, DUNLAP, BENNETT & LUDWIG, PLLC, Tulsa, Oklahoma, for Appellant,

         Sam P. Daniel, III, SAM P. DANIEL, III, PLLC, Tulsa, Oklahoma, for Appellees.

          OPINION

          BRIAN JACK GOREE, CHIEF JUDGE

         [¶1] This is an action for replevin of an aircraft engine that was in the possession of a mechanic. The trial court issued its writ for immediate return of the property to the owner. We affirm the court’s prejudgment order of delivery.

          BACKGROUND

         [¶2] Bulard Air Services, LLC, owns a Cessna 421, a twin-engine propeller aircraft. When Ron Bulard’s pilot discovered the left engine had a crack in its crankcase, they hired Donald McDaniel to remove the engine from the plane so it could be repaired. McDaniel spoke to a mechanic named Larry Brown about the problem and eventually transported the engine and logbook to Brown Aviation, Inc.[1] The scope of the work to be performed by Brown and the terms for payment of his services are disputed. The agreement was not in writing.

         [¶3] Several months passed and Mr. Bulard contacted Mr. Brown about the status of the repair. Brown requested a deposit of $25,000 but Bulard was unwilling to make a payment without the documentation he believed was reasonable. Brown was unwilling to complete the work without payment, nor would he agree to voluntarily return the engine because he claimed a possessory lien. Plaintiffs filed a petition for breach of contract, replevin and injunctive relief. Brown filed a counterclaim for payment of services for $29,812.00

         [¶4] The trial court conducted a hearing and ruled in favor of Bulard. Brown was required to relinquish possession of the engine and Bulard was required to obtain a bond for $16,000. The next day, Brown filed a motion to stay execution of ...


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