final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Marina-Garcia Wood, Judge; L.T. Case No.
Mena and Carla Mena, Homestead, pro se.
appearance for appellee.
and Carla Mena ("Defendants") appeal from a final
summary judgment entered in favor of Santiago Uribe
("Plaintiff"). For the reasons discussed below, we
affirm the summary judgment on the issue of liability but
reverse and remand on the issue of damages.
2014, Plaintiff sued Defendants for $22, 000 after they
defaulted on certain loans. The complaint alleged that
Plaintiff and Defendants entered into "business
transactions" which resulted in Plaintiff lending them
money. As collateral for the loans, Plaintiff was given a
possessory lien on a Ford F350 truck belonging to Defendants.
Plaintiff was also given physical possession of the truck
while the loans were being repaid. According to the
complaint, the $22, 000 represented money "that is due
with interest since March 29, 2013 for money lent by
Plaintiff to Defendants" as well as "storage fees
and repairs on the [truck]." Attached to Plaintiff's
complaint was a pre-suit demand letter sent from
Plaintiff's attorney to Defendants offering to settle the
$22, 000 debt for $17, 000.
answered the complaint and denied all the material
allegations. They also raised several affirmative defenses
including, amongst others, that Plaintiff never specified a
due date for the repayment of "any loans that
purportedly were made to the Defendants." Defendants
also denied pledging the truck as a collateral, maintaining
instead that Plaintiff was actually lent the truck in
exchange for him agreeing to pay all monthly finance and
eventually moved for summary judgment and, contrary to the
amount alleged in the complaint, now alleged $44, 587.98 in
damages. In support of his motion, Plaintiff attached: (1)
the pre-suit demand letter listing the amount of damages as
$22, 000; and (2) an affidavit written by Plaintiff attesting
that Defendants presently owed the following itemized
■ $10, 000 for Bank of America loan payments.
■ $3, 600 for insurance on the truck.
■ $5, 965.88 for truck repairs.
■ $22, 200 in storage fees for having to store the