Platt v. Dreka

• Decision Date: 06 April 1955
• Citation: 79 So.2d 670
• Parties: Frederick W. PLATT, Appellant, v. J. G. DREKA, also known as J. Godfred Dreka, Appellee. Hilda Thelma PLATT, Appellant, v. J. G. DREKA, also known as J. Godfred Dreka, Appellee. Freddie Joy PLATT, a minor, by her father and next friend, Frederick W. Platt, Appellant. v. J. G. DREKA, also known as J. Godfred Dreka, Appellee.
• Court: Florida Supreme Court

Page 670

79 So.2d 670

Frederick W. PLATT, Appellant, v. J. G. DREKA, also known as J. Godfred Dreka, Appellee.

Hilda Thelma PLATT, Appellant, v. J. G. DREKA, also known as J. Godfred Dreka, Appellee.

Freddie Joy PLATT, a minor, by her father and next friend, Frederick W. Platt, Appellant. v. J. G. DREKA, also known as J. Godfred Dreka, Appellee.

Supreme Court of Florida, Division B.

April 6, 1955.

Rehearing Denied May 9, 1955.

Farish & Farish, West Palm Beach, and Virgil L. Milbrath, Ocala, for appellant.

Boggs, Blalock & Holbrook, Jacksonville, for appellee.

THOMAS, Justice.

Inasmuch as the parties litigant have stipulated that the three actions grew out of the same motorcar collision and that the pleadings, affidavits and exhibits in all are identical, except certain variations in the complaints not material to the questions of law now presented, we will treat the appeals as one, referring to the appellants in the singular.

The appellant sought damages for injuries alleged to have been suffered as a result of the negligent operation of a vehicle owned by the appellee. The determining factor in the case, brought into focus by the positive allegation in the complaint and the specific denial in the answer, was the ownership of the car on 23 November 1950, the date of the mishap. We go now to the facts the trial judge considered and on which he based his decision, in effect, that the appellee did not own the vehicle at the time of the collision and that the appellant could not, therefore, prevail.

There is no doubt that the car involved in the collision was the property of the appellee on 3 February 1950 when it was stolen by an escaped convict who wrecked the car and killed himself in the process. Appellee filed a claim with his insurance carrier which was settled on the basis that the property was a total loss, and the appellee then delivered to the insurance company, in consideration of the sum paid, a bill of sale granting, bargaining and selling all his right, title and interest in the remains of the vehicle. These instruments were signed the same day, 10 February 1950. On 1 March 1950 the appellee executed a power of attorney to one J. T. Kaylor authorizing him to transfer the title and the same day the attorney in fact attempted to convey the title by executing 'FORM NO. 1' on the back of the title certificate, but the name of the transferee was omitted; also the power of attorney authorizing Kaylor so to act for the appellee was not acknowledged until 11 December 1950, the month following the collision. It is next noted on the title certificate under the caption 'REASSIGNMENT BY LICENSED DEALER' that the insurance company had purchased the car from the owner who signed the preceding form, and that the former had sold the car, but here again the name of the vendee was not inserted. This is followed by 'FORM NO. 2' signed with the name Philip Johnson 'by R. F. Farmer' containing the statements that Johnson had bought the car and that he was thereby applying for a certificate of title. This application was dated 12 December 1950.

So far we have described the transfers, or attempted transfers, as they are reflected by the records in the office of the Motor Vehicle Commissioner, with the exception of the bill of sale from appellee to the insurance company. Aside from these it appears that the insurance company by bill of sale transferred title to the car to one Archie V. Bagley, 1 March 1950. It is not clear how title passed to Johnson who, as we have commented, applied for the certificate the month after the collision. It was Johnson who was charged with negligence in the operation of...