Florida/Georgia Personal Injury & Workers Compensation

...For the same reason of noncompliance with section 559.905, the court found the shop liable on the counterclaim for $700 ($750 - $50) [4] which the customer had paid the shop. The trial court certified the following questions to this court to be of great public importance: I. Whether section 559.901-559.923, inclusive, is constitutional?; II....

...Whether actual loss or damage to a customer is necessary for such a customer to be "injured" to entitle him to seek relief under section 559.923, Florida Statutes?; III. Whether general equitable principles such as quantum meruit apply in an action brought or defended under section 559.901-559.923, inclusive?; IV....

...hich case it would be emasculated, or should uphold the apparent intent of the Legislature, even where the Legislature has not clearly stated exactly what the "remedy" created by the Statute is supposed to be, if indeed a remedy has been created? I. Section 559.901-923, inclusive, is constitutional as it does not impair the rights of the parties to any existing contract....

...ive a signed written waiver from the vehicle owner for "repair work which exceeds $50." See § 559.905, Fla. Stat. No such estimate or waiver was supplied or signed by the parties to this cause of action. The shop violated the provisions of sections 559.901-923, Florida Statutes....

...tic work, before effecting any diagnostic work or repair. [4] The $50 is that minimum in the statute which does not require a written estimate. § 559.905(1), (2). [5] Section 559.923(1) reads as follows: "(1) Any customer injured by a violation of ss. 559.901-559.923 may bring an action in the appropriate court for relief....

...After a non-jury trial, the county court entered a final judgment against petitioner. *103 Petitioner argues that the circuit court, in affirming the county court judgment, departed from the essential requirements of law in upholding a judgment which contravenes the Florida Motor Vehicle Repair Act, section 559.901-923, Florida Statutes (1985)....

...and provides that the estimate may be waived in writing. Section 559.919, Florida Statutes, provides that no repair shop may refuse to return a customer’s car or enforce its lien if it has “failed to substantially comply with the provisions of ss. 559.901-559.923.” The question then becomes whether a repair shop is entitled to recover for repairs made according to a written estimate in substantial conformance with this Act’s requirements, to which the car owner agreed, even though the e...

that the Florida Motor Vehicle Repair Act, section 559.901, et seq., Florida Statutes (1987), did not

...Subsection (5), in turn, provides that “[a]t any time before the proposed or scheduled date of sale of a vehicle, . . . any person claiming an interest in the vehicle or a lien thereon, may post a bond following the procedures outlined in s. 559.917.” § 713.585(5), Fla. Stat. (2019). Sections 559.901–559.9221, Florida Statutes, contain the Florida Motor Vehicle Repair Act (the “Act”). § 559.901, Fla....

...§ 817.44 (Intentional False Advertising); id. § 817.411 (False Information); the Florida Racketeer Influenced and Corrupt Organization Act, id. § 895.01-.09; the Florida Antitrust Act of 1980, id. § 542.15-36; the Florida Motor Vehicle Repair Act, id. § 559.901-.923; id....

...3d 199, 202 (Fla. 3d DCA 2021). LEGAL ANALYSIS Resolution of this appeal rests on two separate yet convergent statutory provisions. The first, the Florida Motor Vehicle Repair Act (the “Act”), codified in section 559.901 et seq., Florida Statutes, was enacted on January 1, 1981....

...d to the body shop. There Were Disputed Fact Issues as to Body Shop’s Compliance with the Florida Motor Vehicle Repair Act, So Summary Judgment Was Inappropriate 2  Sections 559.901-559.9221, Florida Statutes, is the Florida Motor Vehicle Repair Act (the “Act”). § 559.901, Fla....