CopyCited 21 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 259
...Appellee Curtis Morris, a customer, [1] personally delivered his vehicle to appellant Gary Osteen, a motor vehicle repair shop, [2] for the purpose of having repair work done. The customer was never presented a written estimate or a written notice of the right to a written repair estimate as mandated by section 559.905, Florida Statutes....
...The customer refused to pay the shop the entire repair cost and paid only $750. The shop filed a claim against the customer for the remaining balance due. The customer counterclaimed for the recovery of the $750 paid to the shop. The trial court found that because of the shop's failure to comply with section 559.905(1) through (4), inclusive, a consumer act known as the "Florida Motor Vehicle Repair Act," the customer was not indebted to the shop. 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....
...[5] The trial court found the shop liable to the customer on the counterclaim. The Florida Motor Vehicle Repair Act requires the motor vehicle shop to provide a signed written estimate or receive a signed written waiver from the vehicle owner for "repair work which exceeds $50." See § 559.905, Fla....
...The trial court's determination in favor of the defendant is affirmed. AFFIRMED. ORFINGER and UPCHURCH, JJ., concur. NOTES [1] A customer is defined in §
559.903(3), Fla. Stat. [2] A motor vehicle repair shop is defined in §
559.903(2), Fla. Stat. [3] Section
559.905, Fla....
...ritten repair estimate, which is a form setting forth the estimated cost of repair work, including diagnostic 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)....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2003 WL 48034
...Under the 1989 statute, Prudential was not entitled to attorney's fees. See, e.g., Wilson Ins. Servs. v. W. Am. Ins. Co.,
608 So.2d 857, 858 (Fla. 4th DCA 1992). Affirmed in part, reversed in part, and remanded. STONE, J., and STERN, KENNETH D., Associate Judge, concur. NOTES [1] Section
559.905, Florida Statutes (1985).
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 25219
...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....
...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)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 469, 1986 Fla. App. LEXIS 6465
...Morris,
481 So.2d 1287 (Fla. 5th DCA 1986), [1] we reverse the judgment awarded the appellee automobile repair shop on a quantum meruit basis notwithstanding its admitted failure to conform with the written repair estimate requirements contained in section
559.905 of the Motor Vehicle Repair Act, §§
559.901, et seq., Fla....
CopyCited 2 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2793, 1987 Fla. App. LEXIS 11390, 1987 WL 2276
...Petitioner opposes this construction of the Act, pointing out that it calls for an estimate prepared by the repair shop and does not expressly provide for use of estimates by third parties. However, petitioner cites no authority under the Act which precludes such action either. Section 559.905, Florida Statutes (1985), requires a repair shop to prepare a written estimate prior to performing repair work which will exceed $50.00....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 13 Fla. L. Weekly 2299, 1988 Fla. App. LEXIS 4908, 1988 WL 115839
...of occasions for repairs ultimately costing in the neighborhood of $11,000. Wallace acknowledged that Miller neither received a written estimate of repair costs nor did he at any time execute a written waiver of his right to receive an estimate. See § 559.905, Fla....
...under the Civil Theft Act for deprivation of the lien. Miller, in turn, contended that the Motor Vehicle Repair Act (Act) limited Wallace's damages because he never received the statutorily required written estimates or signed a written waiver. See § 559.905, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 1823, 2014 WL 538674
...Siam Motors sought to collect on the two bad checks and sought treble damages. Spivey filed a counterclaim for the loss of use of his car. 1 In the final judgment, the trial court determined that the November 2001 invoice for $3220 was not in compliance with section 559.905, which governs written estimates and disclosure statements for motor vehicle repairs....
...In the present case, Siam Motors did not retain possession of Spi-vey’s car and did not claim a lien under part II of chapter 713. Thus, the statute is inapplicable, and the trial court properly denied Siam Motors’ motion in limine. But Siam Motors also argues that Spivey waived any written estimate required by section 559.905(1) because he delivered the car to Siam Motors when the shop was closed. See § 559.905(5). The trial court correctly stated in the final judgment that even if Spivey waived the initial written estimate by leaving the vehicle at the shop with its keys, Siam Motors was still required to comply with section 559.905(5). Section 559.905(5) states that “upon completion of diagnostic work necessary to estimate the cost of repair, the shop shall notify the customer as required in s....
...he customer authorize additional work to proceed.” However, the applicable portion is section
559.909(l)(c), which provides as follows: (1) In the event that: [[Image here]] (c) An implied partial waiver exists for diagnostic work, as described in s.
559.905(5), and such diagnostic work has been completed, the customer shall be promptly notified by telephone, telegraph, mail, or other means of the additional repair work and estimated cost thereof....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2006 WL 3498508
...terial disputed facts and the undisputed facts do not establish a prima facie case of guilt against the defendant[s]" pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). They alleged that the body shop had not complied with the provisions of section 559.905, Florida Statutes (2005), which requires an automobile repair shop to supply a written repair estimate to the customer which contains certain information as provided in the statute....
...denied certain facts asserted by appellees in their motion and cited to Lieberman v. Collision Specialists, Inc.,
526 So.2d 102 (Fla. 4th DCA 1987). In Lieberman, *1022 this court held that if there is substantial compliance with the requirements of section
559.905, a debt is incurred....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...(collectively, “Phoenix”)
the amount of $50,375 in damages on Phoenix’s counterclaim. We reverse only the
portion of the final judgment that awarded Phoenix $27,375 in storage fees
because Phoenix’s repair estimate failed to substantially comply with section
559.905(1)(n) of Florida’s Motor Vehicle Repair Act....
...3d DCA 2017) (“A case is ‘moot’ when
it presents no actual controversy or when the issues have ceased to exist.” (quoting
Godwin v. State,
593 So. 2d 211, 212 (Fla. 1992))).
3
if the repair shop does not substantially comply with the written repair estimate
provisions of section
559.905(1). See Osteen v. Morris,
481 So. 2d 1287, 1289-90
(Fla. 5th DCA 1986). Section
559.905(1)(n) plainly and unambiguously provides
that all written repair estimates must contain “[a] statement indicating the daily
charge for storing the customer’s motor vehicle after the customer has been
notified that the repair wo...
...repair estimate reads, in relevant part: “A storage fee of $______ per day may be
applied to vehicles which are not claimed within 3 working days of notification of
completion.”
By leaving the form’s line blank, Phoenix failed to comply with section
559.905(1)(n), and therefore, may not collect from Safari the storage fees
associated with the bus repair....
...repair estimate’s failure to inform Safari of storage fees, Phoenix should
nevertheless prevail on this issue because Safari failed to provide this Court with a
copy of the trial transcript which, presumably, could establish that Phoenix
otherwise substantially complied with section 559.905(1)(n)....
...2d DCA 2014) (holding that when repair shop
provides proper written estimate, oral authorization for additional repair work does
not violate statute); KT’s Kar Kare, Inc. v. Laing,
617 So. 2d 325, 326 (Fla. 4th
DCA 1993) (holding that handwritten estimate substantially complied with
requirements of section
559.905 where both parties agreed to it); Lieberman v.
Collision Specialists, Inc., 526 So....
CopyPublished | Supreme Court of Florida
...The statute includes various
-2-
disclosure-oriented mandates, many tied to the basic requirement
that repair shops offer their customers the option to receive a
detailed written estimate before starting work that will cost the
customer more than $100. § 559.905, Fla....
...the
car for repair. The disclosure provisions of the law are first
triggered when “any customer requests a motor vehicle repair shop
to perform repair work on a motor vehicle, the cost of which repair
work will exceed $100 to the customer.” § 559.905(1), Fla....
...at 1147 (emphasis added), we
note the five specific Repair Act violations at issue: (1)
subcontracting repair work without the customer’s knowledge or
consent, see §
559.920(14), Fla. Stat.; (2) failing to provide notice of
the customer’s option to obtain a written estimate, see §
559.905(2),
Fla. Stat.; (3) failing to provide the written repair estimate before
doing repairs, see §
559.905(1), Fla....
...The district court suggested that, if the repair shop does
not offer a written estimate, it might be reasonable to interpret the
word “customer” to mean the person who “requests a motor vehicle
repair shop to perform repair work on a motor vehicle.” Glassco,
2020 WL 13358054, at *4 (citing section
559.905(1))....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Sep 22, 2023
not request a written estimate, in violation of §
559.905(2), which requires a notice with the following
CopyPublished | Florida 3rd District Court of Appeal
...In late 2018,
Citron was involved in an automobile accident. His 2015 Chrysler 300 was
towed to HGC for repairs, and, after notifying his insurer, Citron obtained an
insurance claim number. HGC furnished Citron with a standard written motor
vehicle repair estimate and disclosure statement, pursuant to section
559.905, Florida Statutes (2018)....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 10550, 2011 WL 3311742
...ipated amount of any charge levied as a shop fee or hazardous waste removal fee together with the explanation, “This charge represents the costs and profits to the motor vehicle repair facility for miscellaneous shop supplies or waste disposal.” § 559.905(l)(h), Fla....
...' counsel. . Although class action hearings are eviden-tiary in nature, the parties elected to submit the class determination to the trial court based solely upon affidavits, depositions, and the circuit court record. .This language is prescribed by section 559.905(h) of the Florida Motor Vehicle Repair Act, to be included on all estimates for which the cost of the repair work will exceed $100....
...I asked you earlier whether you had signed anything before you had the service performed, and you said you were not sure. Does this [Exhibit D, the estimate] refresh your recollection? A. I'm not sure. I believe it was signed afterward, but I'm not sure. When I was checking out. . Section 559.905(2), Florida Statutes (2006), directs that if the repair cost: will exceed $100, the repair shop shall present to the customer a written notice conspicuously disclosing, in a separate, blocked section, only the following statement, in...
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 650, 1999 WL 30529
...he county court’s judgment against Michael Green. For the following reasons, we deny the petition. Green took his 1985 Ford LTD to Metro Ford for repairs. On the record before us, it is unclear whether he received a written estimate as required by section 559.905, Florida Statutes....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
...1 The act applies to consumer transactions, i.e., transactions in which the customer is a natural person requesting repair work on a motor vehicle which is used primarily for personal, family or household purposes or in connection with a business owning or operating fewer than five motor vehicles. 2 Section 559.905 (1), F.S., provides that when a customer requests a motor vehicle repair shop to perform repair work on a motor vehicle, the cost of which repair work will exceed $50 to the customer, the shop shall prepare a written repair estimate s...
...s spoilers, body moldings, air dams and the like. You may wish, however, to consider seeking legislative clarification of this matter. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 See, s.
559.901 , F.S. 2 Section
559.902 , F.S. 3 See, s.
559.905 (1)(a)-(j) and (2), F.S., which sets forth certain items which the written repair estimate must include....
CopyPublished | Court of Appeals for the Eleventh Circuit
“cost of repair work will exceed $100,” id. §
559.905(2); and to “pro- vide each customer, upon
CopyPublished | Florida 4th District Court of Appeal
...Section
559.919 of the Act provides that a repair shop may not enforce a lien on a
motor vehicle if “it has failed to substantially comply with the provisions
of” the Act. §
559.919, Fla. Stat. (2019).
A motor vehicle repair shop is required by section
559.905 to provide a
customer with a written estimate if the repair work will exceed $100. §
559.905(1), Fla. Stat. (2019). “If the cost of repair work will exceed $100,”
the statute requires there to be a mandatory notice, in large block type,
advising the customer of his or her entitlement to a written estimate. §
559.905(2), Fla....
...statement of claim, the body shop did
not allege that it provided a written estimate, nor does any written estimate
appear in the record. The cost of repair in this case far exceeded $100, so
the body shop was required to prepare a written estimate. § 559.905(1),
Fla....
...en it
denied the repair shop’s claim of quantum meruit); Gonzalez v. Tremont
Body & Towing, Inc.,
483 So. 2d 503, 504 (Fla. 3d DCA 1986) (reversing a
quantum meruit award when the repair shop failed to provide a written
repair estimate pursuant to section
559.905).
Summary judgment was not appropriate because there were genuine
issues of material fact as to whether the body shop had substantially
complied with the Act....
