January 6, 2025
ShareKelley Kronenberg Defeats Plaintiff’s $150K Auto Finance Claim at Summary Judgment Stage
Kelley Kronenberg Partner/Business Unit Leader Ejola Cook successfully defended Auto Sport Group, Inc. against Space Coast Credit Union’s motion for summary judgment in Brevard County Circuit Court, protecting the client from potential exposure exceeding $150,000.00.
The case arose when the dealership mistakenly issued a payoff check for a vehicle lien held by Space Coast. The credit union sought recovery under Florida’s worthless check statute and unjust enrichment theories after releasing the lien before the check cleared.
Ejola demonstrated that Space Coast failed to establish key elements of their claims, including any intent to defraud required by Florida Statute 68.065(3)(a). Through careful analysis of the transaction documents, she established that the dealership had already paid full value for the vehicle to the credit union’s customer, who was contractually responsible for the loan payoff.
Judge Scott Allen Blaue agreed that genuine issues of material fact remained, particularly regarding the credit union’s commercial reasonableness in releasing the lien before payment cleared and their failure to pursue their own customer for the debt. The Court denied Space Coast’s Motion for Summary Judgment.
Through thorough legal analysis and strategic defense, Ejola protected the client from attempts to shift liability for a customer’s debt to the dealership.
Click here to learn more about Kelley Kronenberg’s Complex Commercial Litigation Division.