David Aaron Hinson d/b/a Hinson's Auto Repair v. Peak Finance, L.P.--Appeal from County Court at Law No 7 of Bexar County

SUPREME COURT CASES

Laws-info.com » Cases » Texas » 4th District Court of Appeals » 2004 » David Aaron Hinson d/b/a Hinson's Auto Repair v. Peak Finance, L.P.--Appeal from County Court at Law No 7 of Bexar County

State: Texas

Court: Criminal Court of Appeals

Docket No: 04-03-00922-CV

Case Date: 12/08/2004

Plaintiff: BRIAN ROBERT KOTARA

Defendant: THE STATE OF TEXAS--Appeal from 319th District Court of Nueces County

Preview:David Aaron Hinson d/b/a Hinson's Auto Repair v.
Peak Finance, L.P.--Appeal from County Court at Law
No 7 of Bexar County
MEMORANDUM OPINION
No. 04-03-00922-CV
David Aaron HINSON d/b/a Hinson's Auto Repair,
Appellant
v.
PEAK FINANCE, L.P.,
Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court No. 281,440
Honorable David J. Rodriguez, Judge Presiding
Opinion by: Paul W. Green, Justice
Sitting: Paul W. Green, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: December 8, 2004
AFFIRMED
David Aaron Hinson d/b/a Hinson's Auto Repair appeals a judgment in favor of Peak Finance, L.P. for conversion of
an automobile. He claims the trial court erred because 1) Peak failed to prove it had legal right to possession of the car
in question; 2) Peak failed to tender the balance due for car repairs; and 3) the sale of the car to himself for the $500
balance due for the repairs was commercially reasonable. Trial was to the court without a
jury. Findings of fact and conclusions of law were requested, but were not filed. (1)
Because the issues in this appeal involve the application of well-settled principles of law, we affirm the trial court's
judgment in this memorandum opinion under Tex. R. App. P. 47.4 for the following reasons:
1. Hinson first says Peak did not prove it had the right to possession of the automobile and, accordingly, its conversion
claim must fail. See FCLT Loans, L.P. v. Estate of Bracher, 93 S.W.3d 469, 482 (Tex. App.-Houston [14th Dist.]
2002, no pet.) ("To bring a conversion claim, the aggrieved party must have either ownership, possession, or the right
to immediate possession of the property."). We disagree. Peak's employee, Theresa Loeffler, testified that Peak held
the title to the vehicle as collateral to secure a purchase loan. This evidence is sufficient to support Peak's right to
possession of the vehicle. The issue is overruled.
2. Hinson next says Peak failed to tender payment due for repairs and so was not entitled to take possession of the
file:///C|/Users/Peter/Desktop/opinions/PDFs1/17678.html[8/20/2013 7:44:53 PM]

vehicle. See Tex. Prop. Code 70.001(a) (Vernon Supp. 2004) (automobile mechanic entitled to retain possession of
repaired vehicle until amount due for repair is paid). We again disagree. Hinson admitted that the entire balance due
for repairs had been paid by Allstate Insurance. Also, Loeffler testified that a check for the $500 insurance deductible,
representing any remaining balance due, was tendered to Hinson but was refused. This evidence is sufficient to show
that Hinson's mechanic's lien had been discharged and supports Peak's right to possession of the vehicle. The issue is
overruled.
3. Finally, Hinson says the sale of the vehicle to himself was done in a commercially reasonable manner, which would
defeat Peak's conversion claim. By rendering a judgment for Peak on its conversion claim, the trial court impliedly
found that Hinson's sale of the vehicle to himself was not commercially reasonable. The evidence showed the vehicle
was worth about $5000; Hinson sold it to himself for $500 after refusing Peak's tender of that amount. This evidence is
sufficient to support the trial court's finding. The issue is overruled.
4. The trial court's judgment is affirmed.
Justice Paul W. Green
1. Peak's Proposed Findings of Fact & Conclusions of Law are in the record, but the record does not contain an order
adopting those or any other findings of fact and conclusions of law.
file:///C|/Users/Peter/Desktop/opinions/PDFs1/17678.html[8/20/2013 7:44:53 PM]

Download 17678.pdf