Bagwell v. Bill Kelley Chevrolet, Inc.

District Court of Appeal of Florida

Bagwell v. Bill Kelley Chevrolet, Inc.

451 So. 2d 972, 1984 Fla. App. LEXIS 13653

CourtDistrict Court of Appeal of Florida

DecidedJune 13, 1984

DocketNo. 82-1083

StatusPublished

This text of 451 So. 2d 972 (Bagwell v. Bill Kelley Chevrolet, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bagwell v. Bill Kelley Chevrolet, Inc., 451 So. 2d 972, 1984 Fla. App. LEXIS 13653 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

In this action alleging sale of a defective motor vehicle and wrongful refusal to repair, appellant sought recision and incidental damages, or in the alternative consequential damages. From a final judgment denying recision but requiring each of the parties to take certain affirmative action the within appeal has been perfected. We reverse. While the trial court had ample justification upon this record to deny recision, the relief actually afforded to the parties was requested by none of them. Reversal is therefore required to permit the trial court to reconsider the evidence in light of the pleadings (particularly the third amended complaint) and to make an award of damages as may be supported by substantial competent evidence.

REVERSED AND REMANDED.

ANSTEAD, C.J., and HERSEY and HURLEY, JJ., concur.

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PER CURIAM.

In this action alleging sale of a defective motor vehicle and wrongful refusal to repair, appellant sought recision and incidental damages, or in the alternative consequential damages. From a final judgment denying recision but requiring each of the parties to take certain affirmative action the within appeal has been perfected. We reverse. While the trial court had ample justification upon this record to deny recision, the relief actually afforded to the parties was requested by none of them. Reversal is therefore required to permit the trial court to reconsider the evidence in light of the pleadings (particularly the third amended complaint) and to make an award of damages as may be supported by substantial competent evidence.

REVERSED AND REMANDED.

ANSTEAD, C.J., and HERSEY and HURLEY, JJ., concur.

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Bluebook (online)

451 So. 2d 972, 1984 Fla. App. LEXIS 13653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bagwell-v-bill-kelley-chevrolet-inc-fladistctapp-1984.