ADVANTAGE CAR RENTAL & SALES, INC., D/B/A PAYLESS CAR RENTAL, APPELLANT,
v.
MITSUBISHI MOTOR SALES OF AMERICA, INC., APPELLEE
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Advantage Car Rental appeals from three orders in a replevin action brought by Mitsubishi Motor Sales to recover 342 leased vehicles. The court affirmed all orders, holding that the trial court properly exercised jurisdiction over the replevin action despite a forum selection clause in the lease, and properly issued prejudgment and post-judgment writs of replevin based on substantial evidence of non-payment and risk of removal.
The trial court properly exercised jurisdiction to issue the replevin writs because replevin is a possessory action requiring in rem jurisdiction, which is not defeated by a forum selection clause. The court properly issued and maintained the prejudgment writs and authorized additional writs based on substantial competent evidence that Mitsubishi was not receiving lease payments and the property was in danger of removal from the jurisdiction. The court properly denied the motion to increase bond because the additional writs did not require bond posting under Florida Statutes section 78.067.
[1] A trial court has jurisdiction to issue writs of replevin regardless of a forum selection clause in a lease agreement, as replevin is a possessory action requiring in rem…
[2] A trial court may affirm a master's recommendation for the issuance of prejudgment writs of replevin and deny a motion to dissolve them when the master's findings are sup…
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Join FLexlaw to unlock all legal intelligence“the trial court properly exercised its jurisdiction to issue the 342 writs of replevin, regardless of the forum selection clause contained in the lease agreement, because replevin is a possessory action that requires in rem jurisdiction over the subject matter”
Establishes that in rem jurisdiction for replevin is not defeated by forum selection clauses in contracts.
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Join FLexlaw to unlock all legal intelligenceMitsubishi Motor Sales leased 342 vehicles to Advantage Car Rental under a lease agreement containing a forum selection clause. Advantage failed to ma…
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GODERICH, Judge.
The defendant, Advantage Car Rental & Sales, Inc. [Advantage], appeals from three non-final orders: 1) an order denying its motion to dissolve 177 prejudgment writs of replevin, 2) an order sustaining the plaintiffs exceptions to the General Master’s Report and authorizing writs of replevin on 166 vehicles subject to the court’s order to show cause, and 3) from an order denying its motion to increase bond. These orders stem from an underlying action for replevin of 342 vehicles that were leased to Advantage by Mitsubishi Motor Sales of America, Inc. We affirm all three orders.
First, we find, as the defendant conceded at oral argument, that the trial court properly exercised its jurisdiction to issue the 342 writs of replevin, regardless of the forum selection clause contained in the lease agreement, because replevin is a possessory action that requires in rem jurisdiction over the subject matter. Prestige Rent-A-Car, Inc. v. Advantage Car Rental and Sales, Inc., 656 So. 2d 541, 544 (Fla. 5th DCA 1995).
Next, the propriety of each order will be addressed separately. As to the first order appealed, we find that the trial court properly affirmed the General Master’s recommendation for the issuance of 177 prejudgment writs and properly denied the defendant’s motion to dissolve them where a review of the record shows that the Special Master’s findings were supported by substantial, competent evidence. Specifically, the plaintiff established that it had not received payment from the defendant as required by the lease agreement and that the property in question, due to its movable and transitory nature, was in danger of removal from the jurisdiction. § 78.068, Fla.Stat. (1993).
As to the second order appealed, we find that the trial court properly sustained the plaintiffs exceptions to the General Master’s report and properly authorized the issuance of 165 writs of replevin pursuant to the court’s order to show cause where a review of the record shows that there was substantial, competent evidence that the plaintiff had met its burden of showing that, with reasonable probability, it was entitled to the possession of the claimed property pending final adjudication of the parties’ claims. § 78.067, Fla.Stat. (1993). Specifically, the trial court found that the plaintiff had established that it had not received payment from the defendant as required by the lease agreement, that the property in question, due to its movable and transitory nature, was in danger of removal from the jurisdiction, and that there was a reasonable probability that the plaintiff was entitled to immediate possession of the claimed property pending final adjudication of the parties’ claims. Lastly, as to the third order appealed, we find that the trial court properly denied the defendant’s motion to increase bond where the additional writs of replevin were issued pursuant to section 78.067, Florida Statutes (1993), and did not require the posting of a bond. Prestige, 656 So. 2d at 545.
Affirmed.
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In re Est. OF Giorgio Barsanti v. Wayne A. Cypen Ad Litem of the Estate of Giorgio Barsanti, 773 So. 2d 1206 (Fla. 3d DCA 2000)…ty, it appears that the property has been removed from [*1209] the State of Florida. A potential remedy such as a writ of replevin would only reach property in the State. See Advantage Car Rental & Sales, Inc. v. Mitsubishi Motor Sales of Am., Inc., 664 So. 2d 46, 47 (Fla. 3d DCA 1995). Thus, this remedy would be inadequate. Finally, the public interest supports the relief requested by the Estate. We agree with the Estate that there is a strong public interest in marshalling the assets of a decedent’s estat…
Authorities Cited
- Prestige Rent-A-Car, Inc. v. Advantage CAR Rental & Sales, 656 So. 2d 541 (Fla. 5th DCA 1995)