HomeMy WebLinkAbout0873 IN THE CIRCUIT COURT OF THE
NINETTsENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY,
~ - STATIs' OF FLOAIDA .
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HERTZ CORPORATION, *
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P1aiAtiff, *
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vs. * CASE NO. ??-47? CA ~
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S& S TOWING SERVICE~ INC., *
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Defendant. * `
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FINAL JUDGMENT
This cause came on for trial before the Court without a
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~ury upon Plaintiff's Complaint and Answer and Counter-Claim of
the Defendant. Plaintiff's Complaint is founded in Replevin and
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seeks damages for loss of use, loss of rentals and wrongful con-
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version of its rental vehicle by Defendant. The Defendant's =
Counter-Claim seeks damages for towing and storage charges relating
to Plaintiff's rental vehicle under both a statutory lien and
quantum meruit theory. The Court has heard the testimony produced ~
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by the parties as well as the documentary evidence and argument of '
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` counsel.
~ Factuall it a ears that sometime prior to October 6,
~ y, PP ;
~ 1976 the Plaintiff rented the s~rb3ect vehicle to an individual in `
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~ Miami, Florida. On October 6, 1976 the Fort Pierce Police arrested
certain occupants of the sub~ect vehicle in Fort Pierce, Florida
and following usual police custom had the vehicle towed in by
Defendant and impounded at Defendant's storage area. Although
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there was some testimony t6at the police put a hold on the vehicle
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~ the facts show that in truth and fact there was no hold placed and _ ~
~ the vehicle could have been picked up at any time by Plaintiff, ;
~ the lawful owner. This is borne out by the testimony of police '
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officer Tippens who stated that within 48 hours of having the
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~ vehicle towed in by Defendant he called the Hertz Corporation fi
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~ telephone nwnber shown on the rental agreement he found in the
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vehicle and advi.sed the woman answering the call that the vehicle j
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~ ~17~K FACiE 1Jr~~
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