Gonzalez v. Resolvion, LLC
A repossession company that was not a signatory to the vehicle lease between the owner and Honda obtained an order compelling arbitration under the lease's arbitration clause after it wrongfully towed a car on which Honda no longer held a lien. The Third District reversed, holding that the owner's tort claims (civil theft, conversion, trespass to chattel, negligence, gross negligence, and section 715.07 unlawful removal) arise from duties imposed by law, not the lease, so equitable estoppel could not be used by the non-signatory to compel arbitration.
Key facts
- Vehicle owner sued repossession company for wrongfully towing a car after Honda's lien had been released, asserting tort claims including civil theft, conversion, trespass to chattel, negligence, and unlawful removal.
- Repossession company, a non-signatory to the vehicle lease between owner and Honda, obtained a trial court order compelling arbitration based on the lease's arbitration clause.
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Why it matters
This opinion gives Florida practitioners a clean statement that equitable estoppel is measured by the signatory-plaintiff's own claims, not the non-signatory defendant's theory of its role, and squarely rejects… — full analysis with a trial
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