Viorel Cioi v. DNP Transmission Inc.

Summary

The Third District Court of Appeal of Florida affirmed a final judgment awarding an auto repair shop payment for repairs performed on the appellant’s vehicle. Although the shop did not provide the written estimate required by section 559.905(1), Florida Statutes, the court held that section 559.921(7) permitted recovery of the reasonable value of repairs that were authorized, properly performed, and beneficial to the consumer. The court found that those conditions were satisfied because the appellant expressly authorized the repairs and accepted their benefits.

Holdings

1. A violation of the written-estimate requirement does not render the repair invoice entirely void or completely relieve the consumer of payment responsibility when the repairs were authorized, properly performed, and beneficial to the consumer. Under section 559.921(7), the trial court may award the reasonable value of those repairs.
2. The trial court's findings that Cioi expressly authorized the repairs and that the parties agreed to the billed price were supported by competent substantial evidence and would not be disturbed on appeal.

Questions Presented

1. Whether a motor vehicle repair shop's failure to provide the written estimate required by section 559.905(1), Florida Statutes, completely relieves the consumer of the obligation to pay for repairs that were expressly authorized, properly performed, and beneficial to the consumer.
2. Whether the trial court's findings that Cioi authorized the repairs and agreed to the billed price were supported by competent substantial evidence.

Disposition

affirmed