EURO NUT AUTO REPAIR LLC v. WILLIAMS (2024)

District Court of Appeal of Florida, Fourth District.

EURO NUT AUTO REPAIR, LLC, Appellant, v. Gary WILLIAMS, Appellee.

No. 4D2023-2538

Decided: July 10, 2024

Ryan Scott DiGiovanni of Ryan Scott DiGiovanni, PLLC, Vero Beach, for appellant. No brief filed for appellee.

Affirmed. See Bunting v. Daly's, Inc., 528 So. 2d 106, 107 (Fla. 4th DCA 1988) (rejecting the argument that under section 319.22(1), Florida Statutes (1985), a plaintiff did not have standing or a cause of action for conversion because he did not hold a title certificate in his name, because that statute only affects the marketability of title); Williams Mgmt. Enters., Inc. v. Buonauro, 489 So. 2d 160, 164 (Fla. 5th DCA 1986) (“[R]eplevin is strictly a possessory action where the sole legal issue is the right of immediate possession, not ownership or title.”); Southside Atl. Bank v. Lewis, 174 So. 2d 470, 471 (Fla. 1st DCA 1965) (“The only issue to be determined in a replevin action is the right of possession. The question of title is secondary and unimportant where title and the right to immediate possession have been separated.”).

Per Curiam.

Klingensmith, C.J., Gross and Forst, JJ., concur.

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