Kelley Kronenberg Attorney Doug Pegan and Partner Vanessa Tobares secured dismissal of a replevin and conversion lawsuit in the Circuit Court of the 17th Judicial Circuit in Broward County, on behalf of South Florida Auto Auction of Fort Lauderdale, LLC. The case was resolved in four months without settlement payment. 

The pro se plaintiff filed suit against multiple defendants, including the firm’s client, after her vehicle was repossessed following a bankruptcy filing by her or a co-borrower. The firm’s client, an auto auction company, acted solely as a consigner for repossessed vehicles and had no involvement in the repossession itself. Despite this limited and indirect role, the plaintiff asserted three counts against the client: final judgment of writ of replevin, pre-judgment writ of replevin, and conversion, seeking the return of her vehicle and the value of personal belongings allegedly inside it at the time of repossession. The plaintiff filed in Circuit Court seeking damages exceeding $50,000.00, though no formal demand was ever made. 

Doug and Vanessa filed a motion to dismiss arguing the complaint failed to state a cause of action, omitted the actual date of loss, failed to specify amounts in controversy, and lacked the specificity required to establish a proper cause of action against the client. 

The plaintiff failed to appear at the properly noticed hearing on the motion to dismiss. The judge agreed the case warranted dismissal but carried it to the case management conference the following Monday. The plaintiff failed to appear at that hearing as well. Before the Court could act, the plaintiff filed a voluntary dismissal without prejudice, ending the case entirely. The client paid nothing and was spared the continued expense of defending a lawsuit with no factual or legal foundation. 

 

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