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)

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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