A Florida court has ruled that a towing company cannot be held liable for failing to release a vehicle within one hour of a request. This decision affects individuals who may have had their vehicles towed and are seeking damages for delays in retrieving their cars. The case centers on the interpretation of Florida statutes regarding towing regulations.
The case, Dr. Martina Mallery v. Norman L. Bush Auto Sales & Service, Inc. d/b/a Norm's Towing, was filed in the District Court of Appeal of Florida under docket number 2D19-1466. Dr. Mallery, the petitioner, sought a review of a circuit court decision that upheld a lower court's dismissal of her complaint against Norm's Towing. This ruling is significant as it clarifies the legal responsibilities of towing companies in Florida.
Dr. Martina Mallery alleged that her vehicle was towed by Norm's Towing at the request of the Heritage Harbour Master Association, Inc. When she arrived to retrieve her car, Norm's Towing did not release it within the one-hour timeframe mandated by Florida law. Mallery filed a complaint seeking damages for the costs incurred due to the towing and storage of her vehicle. Her claim was based on section 715.07(2)(a)(9) of the Florida Statutes, which requires towing companies to release vehicles within one hour of a request.
Norm's Towing responded by moving to dismiss Mallery's complaint, arguing that the statute does not provide a civil cause of action for violations of its provisions. The county court agreed, stating that the law does not impose civil liability on towing companies for noncompliance with the one-hour release rule. Mallery was given twenty days to amend her complaint but failed to do so. Consequently, the county court dismissed her claim with prejudice, meaning she could not bring the same claim again.
Mallery then appealed to the circuit court, which upheld the county court's decision. The circuit court's reasoning differed from the lower court's, but it ultimately reached the same conclusion: Mallery could not pursue a civil case against Norm's Towing for the alleged violation of the towing statute.
The District Court of Appeal reviewed the case and confirmed the circuit court's ruling. The judges examined whether the circuit court had followed proper legal procedures and applied the correct law. They found that the circuit court had not strayed from essential legal requirements. The court stated, "We are unable to discern any civil cause of action for a towing company's failure to return a vehicle within the one-hour requirement specified in section 715.07(2)(a)(9)."
The court's opinion emphasized that the statute in question provides for criminal penalties, not civil liabilities. Specifically, section 715.07(5)(b) states that violations of the one-hour release requirement are classified as a third-degree felony. The court concluded that the legislature intended to enforce compliance through criminal law rather than civil action.
This ruling establishes that individuals cannot sue towing companies for damages related to the one-hour vehicle return rule. Instead, the law provides for criminal sanctions against towing companies that violate this requirement. The case highlights the importance of understanding the legal framework surrounding towing regulations in Florida.
The impact of this ruling is significant for both consumers and towing companies. For consumers, it means that they may have limited recourse if their vehicles are not released promptly after being towed. For towing companies, the decision clarifies their legal standing regarding compliance with towing regulations. It underscores the need for towing companies to adhere strictly to the statutory requirements to avoid criminal penalties.
Looking ahead, it is unclear whether Dr. Mallery will seek to appeal this decision further. The court's ruling may serve as a precedent for similar cases in the future, potentially influencing how towing regulations are enforced in Florida. As of now, there are no related cases pending that would challenge this ruling.