Stephen v. L. P. Evans Motors of West Palm Beach, Inc.
Stephen v. L. P. Evans Motors of West Palm Beach, Inc.
Opinion of the Court
Under the guise of purchasing a used Mercedes Benz from L. P. Evans Motors of West Palm Beach (Evans), two thieves were given a test drive at which time they overpowered the sales representative and stole the vehicle. Later, a third party shipped the same vehicle
Unquestionably, Section 319.36, supra, imposed a duty upon the defendant to obtain a certificate of possession of title. Because we find that the statute was enacted to protect owners of vehicles from the loss of their goods,
Consequently, we find that the summary judgment must be affirmed.
. We find that appellant’s contention that there was an issue of fact as to the identity of the vehicle because of an alleged discrepancy in the serial numbers to be without merit.
. The statute as originally enacted by Chapter 70-289, Section 1, Laws of Florida, clearly expressed this result. It provided:
(1) The legislature of Florida hereby finds that larceny of motor vehicles has become a widespread criminal activity in this state, such activity being perpetrated not only by individuals but also by organized groups who consider theft of motor vehicles to be a lucrative everday business. The enforcement of larceny statutes and recovery of stolen motor vehicles has been rendered a monumental task because of the ease with which such vehicles may be shipped out of the state to places where no certificate of title is required for their sale or transfer. The legislature declares that it is in the strong public interest of this state that its police power be exercised in order to protect motor vehicle owners and to aid law enforcement officers by rendering it extremely difficult for a person to transport a stolen motor vehicle out of this state via ship.
Reference
- Full Case Name
- Victor STEPHEN d/b/a Victoria Line v. L. P. EVANS MOTORS OF WEST PALM BEACH, INC. and Proprietors Insurance Company
- Cited By
- 2 cases
- Status
- Published