Charnock v. Howard Allen's Paint & Body Shop Inc.

District Court of Appeal of Florida

Charnock v. Howard Allen's Paint & Body Shop Inc.

585 So. 2d 1158, 1991 Fla. App. LEXIS 9489, 1991 WL 181532

CourtDistrict Court of Appeal of Florida

DecidedSeptember 18, 1991

DocketNo. 90-1936

StatusPublished

Cited by1 cases

This text of 585 So. 2d 1158 (Charnock v. Howard Allen's Paint & Body Shop 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.

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Charnock v. Howard Allen's Paint & Body Shop Inc., 585 So. 2d 1158, 1991 Fla. App. LEXIS 9489, 1991 WL 181532 (Fla. Ct. App. 1991).

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Opinion

FARMER, Judge.

We affirm the trial court’s decision in all respects, except one. The written estimates said nothing about storage charges. Nor is there any evidence that the repair shop ever orally notified appellant that it would claim per diem (or, for that matter, any other kind) storage charges. Appellant’s first notice of any claim to such charges was in the claim of lien and notice of sale. Accordingly, we reverse that part of the decision which enforces the repair shop’s lien as to the storage charges in the amount of $800. We leave undisturbed all remaining aspects of the final judgment.

AFFIRMED IN PART, AND REVERSED IN PART.

GLICKSTEIN, C.J., and STREITFELD, JEFFREY E., Associate Judge, concur.

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FARMER, Judge.

We affirm the trial court’s decision in all respects, except one. The written estimates said nothing about storage charges. Nor is there any evidence that the repair shop ever orally notified appellant that it would claim per diem (or, for that matter, any other kind) storage charges. Appellant’s first notice of any claim to such charges was in the claim of lien and notice of sale. Accordingly, we reverse that part of the decision which enforces the repair shop’s lien as to the storage charges in the amount of $800. We leave undisturbed all remaining aspects of the final judgment.

AFFIRMED IN PART, AND REVERSED IN PART.

GLICKSTEIN, C.J., and STREITFELD, JEFFREY E., Associate Judge, concur.

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585 So. 2d 1158, 1991 Fla. App. LEXIS 9489, 1991 WL 181532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charnock-v-howard-allens-paint-body-shop-inc-fladistctapp-1991.

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