Lucas Truck Service Co. v. Hargrove

• Decision Date: 20 December 1983
• Docket Number: No. AR-432,AR-432
• Citation: 443 So.2d 260
• Parties: LUCAS TRUCK SERVICE COMPANY, Appellant, v. Thomas M. HARGROVE, Appellee.
• Court: Florida District Court of Appeals

Page 260

443 So.2d 260

LUCAS TRUCK SERVICE COMPANY, Appellant, v. Thomas M. HARGROVE, Appellee.

No. AR-432.

District Court of Appeal of Florida,

First District.

Dec. 20, 1983.

Rehearing Denied Jan. 13, 1984.

David W. Carstetter, Kent, Watts, Durden, Kent, Nichols & Mickler, Jacksonville, for appellant.

Mark S. Kessler, Jacksonville, for appellee.

LARRY G. SMITH, Judge.

Lucas Truck Service Company (Lucas) appeals a final judgment awarding Hargrove $8,327.75 as damages sustained in a controversy growing out of an agreement for the repair of Hargrove's truck by Lucas. We find error in the award of damages for loss of profits, which accounted for the major portion of the damages found by the trial judge. Reversed and remanded for a new trial on the issue of damages.

Hargrove purchased a 1971 GMC Astro truck from Clarence Nelson, which he then leased to Mercury Motor Express pursuant to a contractor operating agreement. A few months later, the truck broke down and was taken to Lucas to be repaired. Nelson arranged for the truck to be hauled back to Jacksonville, paid the hauling expense, and was the one who suggested the truck be taken to Lucas. Difficulties between Lucas and Hargrove developed when Lucas notified Hargrove that the repairs would exceed the estimate given by Lucas. Hargrove demanded possession of his truck, and the balance remaining from his deposit of $2,000.00, less the cost of work done by Lucas up to that time. Lucas refused to return the remainder of the deposit, and initially refused to return the truck. However, thirteen days after Hargrove's demand, Lucas did return the truck.

Hargrove filed a three-count complaint charging Lucas with theft, failure to give a written estimate in violation of Chapter 559, Part VIII, Florida Statutes (1981) (Florida Motor Vehicle Repair Act), and conversion. The trial court granted Lucas' motion to dismiss the conversion count. After a non-jury trial on the remaining counts, the trial court entered final judgment for Hargrove and awarded damages of $8,327.75.

The evidence is in sharp conflict as to exactly what arrangements were made for the repair of the truck. Hargrove's version was that on January 11, 1982, Lucas gave him an oral estimate of repairs, not to exceed $5,000.00, and called for a deposit of $2,000.00 before starting work. He acknowledged that payment of the remaining repair charges was guaranteed by Nelson. Lucas, on the other hand, contended that its dealings were primarily with Nelson, who was the party agreeing to be responsible for the repair bill. Lucas further contended that Nelson's agreement with Hargrove called for Hargrove to advance the sum of $2,000.00 to Nelson, and that Nelson would pay for the repairs. Lucas maintained that it turned Hargrove's $2,000.00 deposit over to Nelson in accordance with this agreement. Lucas' evidence also disclosed that it obtained a written waiver from Nelson releasing it of any duty to submit a written repair estimate under Section 559.905, Florida Statutes. ¹ Lucas also established that Nelson actually paid the shop bill of $331.25 for disassembling the engine.

The trial court agreed with Hargrove's version of the case, and made the following findings of fact: Hargrove authorized Lucas to work on the truck after receiving an oral estimate of repairs not exceeding $5,000.00. Lucas agreed to perform the work if Hargrove gave a $2,000.00 deposit before work commenced. Payment of the remaining repair charges was guaranteed by Nelson. Hargrove borrowed the deposit money from his father and Mercury Motor Express, which he delivered to Lucas. After work began on the truck, Lucas notified Hargrove that the estimate of repairs was being increased and it would cost $7,000.00 to $8,000.00 to rebuild the engine. Hargrove directed Lucas to stop work, bill him for the work done and refund the balance of the $2,000.00. Lucas refused to refund to Hargrove $1,668.75, which was the balance of the $2,000.00 deposit remaining after the charge of $331.25 for disassembling the engine was paid. Lucas initially refused to return the truck but did release it thirteen days later after Hargrove employed an attorney. Without the $1,668.75, Hargrove was unable to have his truck repaired by another mechanic. A few weeks later, Nelson repossessed the truck. Hargrove lost his job with Mercury Motor Express.

Initially, we consider appellant's contention that Hargrove's recovery is not based on any of the pleaded causes of action. ² Admittedly, Hargrove sought recovery under the Florida Motor Vehicle Repair Act on the basis that Lucas failed to submit a written estimate for repairs. Although the final judgment does not address the connection between the violation of the act and the damages claimed by Hargrove, it does point out that the repair estimate was an oral estimate. Further, the evidence (viewed in the light most favorable to Hargrove) clearly discloses that the conflicts which precipitated this entire controversy resulted from Lucas' failure to reduce to writing the basic terms under which it undertook this repair work. Section 559.905(1), subparagraphs (a)-(n), inclusive, enumerates the details which must be included in the written repair estimate required under the act. One of the required items is: "The customer's intended method of payment." Section 559.905(1)(j). Thus, both the pleadings and the proof brought Hargrove's cause of action within the ambit of the statute. That Hargrove was damaged by the detention of the truck and Lucas' withholding of the remainder of the deposit, based on...