Costa v. Miami Lakes AM, LLC
After a car dealer sold Dr. Costa's vehicle at auction to satisfy a repair lien, he sued for civil theft, conversion, and FDCPA/FCCPA/FDUTPA violations, and the trial court compelled arbitration after a non-evidentiary hearing based on an unsigned repair work order and an 18-month-old Retail Buyer's Order. The Third DCA reversed, holding an evidentiary hearing was required to resolve disputed factual issues about the authenticity and formation of the work order arbitration clause, and that the record did not establish the tort/statutory claims bore a significant relationship to the vehicle-sale RBO or that any exception permitted the non-signatory lien company to compel arbitration.
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