Metro Ford, Inc. v. Green

724 So. 2d 706 (1999)

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Metro Ford, Inc. v. Green

Florida District Court of Appeal
724 So. 2d 706 (1999)

  • Written by Liz Nakamura, JD

Facts

Michael Green (defendant) took his car to Metro Ford, Inc. (plaintiff) for repairs but refused to pay the approximately $675 repair bill. In response, Metro Ford refused to release the car to Green. Green filed suit against Metro Ford in the small-claims division of the local county court, arguing that Metro Ford converted Green’s car to its own use by effectively assuming Green’s ownership rights. Metro Ford did not enter a counterclaim seeking payment of the $675 bill. The county court ruled that Metro Ford did not convert Green’s car; however, because Metro Ford had not filed a counterclaim, the county court held it could not order Green to pay the $675 bill. On appeal, the appellate division of the circuit court (appellate division) remanded the case for a new trial, granting Metro Ford leave to amend its pleadings to include a counterclaim for payment of the $675. Metro Ford filed a petition for a writ of certiorari with the district court, arguing that the appellate division’s ruling was erroneous and should be quashed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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