G Luxe Jewelers, LLC v. Louis Rich
The Third District reversed a final summary judgment in a replevin action over a watch, holding that a genuine dispute of material fact existed on whether the owner had entrusted the watch to a merchant under the UCC entrustment doctrine. Viewing the record in the light most favorable to the non-movant, deposition testimony that the owner knew the transferee was a watch merchant, combined with his voluntary delivery of the watch, could allow a reasonable jury to find entrustment regardless of the merchant's larcenous conduct.
Key facts
- Louis Rich delivered a watch to Payne, whom Rich knew to be a merchant dealing in watches.
- Payne engaged in larcenous conduct with respect to the watch, which ended up in the possession of G Luxe Jewelers, LLC.
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Holdings
- Where the owner voluntarily delivers goods to a person known to be a merchant dealing in goods of that kind, a genuine dispute of material fact on entrustment under section 672.403(2)…
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Why it matters
The opinion is a useful reminder for commercial and personal-property practitioners that the UCC entrustment doctrine of section 672.403(2) can defeat an owner's replevin claim when goods are voluntarily delivered to a… — full analysis with a trial
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