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Am. Towing of Miami, LLC v. Espinal

Am. Towing of Miami, LLC v. Espinal

Court of Appeal of Florida, Third District

February 10, 2021, Opinion Filed

No. 3D20-0986

Opinion

 [*599]  LINDSEY, J.

American Towing of Miami, LLC appeals from a non-final order1 granting class certification in an action for violating section 715.07(2)(a)(9), Florida Statutes (2020), which prohibits requiring a release from liability for damages as a condition of vehicle release. We reverse because section 715.07(2)(a)(9) does not create a civil cause of action.

I. BACKGROUND

In July 2018, Leonel Espinal brought an action against American Towing in the small claims division of the county court alleging improper towing of his vehicle in violation of section 715.07. In November 2018, Espinal filed an amended complaint to certify a class against American Towing for violating section 715.07(2)(a)(9), which provides, in pertinent part, as follows:

When a vehicle . . . has been towed or removed pursuant to this section, it must be released to its owner . . . within 1 hour after requested. Any vehicle [**2]  . . . owner . . . has the right to inspect the vehicle . . . before accepting its return, and no release or waiver of any kind which would release the person or firm towing the vehicle . . . from liability for damages noted by the owner . . . at the time of the redemption may be required from any vehicle . . . owner . . . as a condition of release of the vehicle . . . .

(Emphasis added).

According to the amended complaint, American Towing unlawfully required Espinal and members of the putative class to sign towing receipts containing an impermissible  [*600]  release as a condition for the release of their vehicles. Because the claim for damages in the amended complaint exceeded the jurisdictional limit of the county court, the case was transferred to the circuit court, where Espinal filed a motion for class certification. Following a hearing, the court entered an order granting Espinal's motion for class certification. American Towing timely appealed.

II. ANALYSIS

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318 So. 3d 598 *; 2021 Fla. App. LEXIS 1916 **; 46 Fla. L. Weekly D 330; 2021 WL 476081

American Towing of Miami, LLC, Appellant, vs. Leonel Espinal, Appellee.

Prior History:  [**1] An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Spencer Eig, Judge. Lower Tribunal No. 19-10141.

CORE TERMS

towing, class certification, violating, noncompliance, damages, criminal penalty, felony, vessel, amended complaint, civil liability, civil cause, restrictions, conditions, removal, private cause of action, release from liability, substantial compliance, legislative intent, private property, actual language, towing company, real property, county court, transportation, third-degree, condominium, discern, storage, lessee, parked

Civil Procedure, Special Proceedings, Class Actions, Certification of Classes, Appeals, Appellate Jurisdiction, Interlocutory Orders, Standards of Review, Abuse of Discretion, De Novo Review, Appellate Review, Questions of Fact & Law, Governments, Legislation, Statutory Remedies & Rights, Transportation Law, Private Vehicles, Towing, Real Property Law, Common Interest Communities, Condominiums, Condominium Associations, Interpretation, Criminal Law & Procedure, Criminal Offenses, Classification of Offenses, Felonies, Misdemeanors