Roger Dean Chevrolet, Inc. v. Fischer
| Decision Date | 14 January 1969 |
| Docket Number | No. 1899,1899 |
| Citation | 217 So.2d 355 |
| Parties | ROGER DEAN CHEVROLET, INC., Appellant, v. Susann G. FISCHER, Appellee. |
| Court | Florida District Court of Appeals |
Charles H. Warwick, III, of Warwick, Paul & Herring, West Palm Beach, for appellant.
Harry Lee Anstead, of Simpson & Anstead, West Palm Beach, for appellee.
Appellant-defendant, Roger Dean Chevrolet, Inc., appeals from a final judgment entered in favor of the appellee-plaintiff, Susann G. Fischer, in an action for replevin of an automobile and damages for its detention.
The certificate of title to a 1966 Chevrolet convertible automobile, the subject matter of this suit in replevin, was registered in the names of J. L. Fischer Or Susann G. Fischer, these parties being husband and wife. The car was used by each spouse.
The husband, J. L. Fischer, arranged to purchase a new 1967 Chevrolet from the defendant, Roger Dean Chevrolet, Inc., using the 1966 Chevrolet as a trade-in. The plaintiff-wife claimed that she neither authorized her husband to trade in the 1966 Chevrolet, nor consented to her husband's attempt to trade the same. The car invoice for the purchase of the new 1967 Chevrolet reflected the words 'sold to' the following: 'James L. or Susann G. Fischer.' The transaction was never consummated and when the Fischers demanded the return of the 1966 automobile, it was refused by the defendant.
The plaintiff-wife thereafter filed her complaint for replevin of the automobile and for damages for its detention, alleging in essence her superior right to possession and the defendant's wrongful detention of the vehicle.
The defendant filed an answer denying plaintiff's allegations. No affirmative defenses were pleaded.
Thereafter motion for summary judgment was filed by the plaintiff and at the hearing thereon, it was stipulated by the plaintiff and the defendant before the court that the only issue involved was the nature of the title to the 1966 Chevrolet automobile; i.e., if the ownership were joint and created an estate by the entirety, then the plaintiff should prevail, and if not, joinder of the wife in the title assignment was not necessary and the defendant should prevail. Hence, by stipulation of counsel, they submitted the title dispute to be resolved by the court.
The court granted summary judgment to the plaintiff, bottoming this judgment upon the following:
'This Court finds that, although there may exist a common practice of treating title certificates held in the name of a husband or wife as not to create an estate by entirety, such a vesting of title, even without the designation or referral to the parties as spouses, creates an estate by the entirety. It is obvious that those dealing with parties of a similar surname should be aware of the fact that the parties may be married even though their names are not followed by the designation 'husband and wife' or by the words 'his wife' after the wife's name or 'her husband' after the husband's name to clarify their marital status.
'It would be actually better practice in such title certificates if the parties exact marital status were designated; however, as indicated hereinabove, this Court finds that he failure to so designate does not change the fact that the title was jointly acquired by a husband and wife through the medium of one instrument and that there was thus joint seizure of ownership regardless of the word 'or."
No motion for a rehearing was filed as to the summary judgment. Thereafter the issue of damages for the wrongful detention was tried before the court without a jury and final judgment entered for the plaintiff.
The defendant thereafter moved for a new trial. Said motion was denied. This appeal followed.
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Remington v. Landolt
...amount to a conversion, and enable his cotenant to support trover against him therefor (citing cases).' Cf. Roger Dean Chevrolet, Inc. v. Fischer, 217 So.2d 355 (Fla.App.1969); Quinn v. Forsyth, 116 Ga.App. 611, 158 S.E.2d 686 (1967); Feltz v. Pavlik, 257 S.W.2d 214 (Mo.App.1953); Sullivan ......
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Smith v. Hindery
...exists. This is determined by facts. Norman v. Bank of Hawthorne, 321 So.2d 112 (Fla. 1st DCA 1975). In Roger Dean Chevrolet, Inc. v. Fischer, 217 So.2d 355 (Fla. 4th DCA 1969), the Fourth District Court of Appeal held on the facts adduced that an automobile registered in the names "James o......
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William M. Young Co. v. Tri-Mar Associates, Inc.
...a tenency by the entireties. The Florida courts dealt with a closely analogous fact situation in Roger Dean Chevrolet v. Fischer, Fla.Dist.Ct. of App., 217 So.2d 355 (1969). The husband in that case attempted to trade-in an automobile registered 'husband or wife'. The wife challenged the tr......
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Silvian's Estate, In re
...417 (Fla.1969). See also First National Bank of Leesburg v. Hector Supply Co., 254 So.2d 777 (Fla.1971). In Roger Dean Chevrolet, Inc. v. Fischer, 217 So.2d 355 (Fla. 4th DCA 1969), the Fourth District discussed the elements of a tenancy by the entirety and stated that if the necessary comm......