Lewis v. Morgan
79 So. 3d 926
Fla. Dist. Ct. App.2012Background
- Escambia County Sheriff's deputies arrested Jerry Lewis for grand theft of a motor vehicle based on World Ford Pensacola's complaint that the vehicle was not returned after financing failed.
- Purchase agreement allowed possession pending financing; Lewis would return the vehicle if financing was not fully approved.
- World Ford later could not obtain financing on original terms and warned Lewis to return the vehicle or face reporting it as stolen.
- Deputies and World Ford persuaded Lewis to complete or return per new financing, but Lewis refused; World Ford reported theft and filed a criminal complaint.
- The Sheriff's Office issued a BOLO; Lewis was arrested at home and the vehicle was impounded.
- Lewis sued the Sheriff and a lieutenant for false arrest and malicious prosecution; the trial court dismissed without prejudice, citing probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause as defense to false arrest/malicious prosecution | Contract dispute cannot supply probable cause for theft. | Facts alleged show probable cause that Lewis committed theft by conversion. | Probable cause existed; dismissal without prejudice proper. |
| Leave to amend after probable cause finding | Should be permitted to amend to add abuse of process and invasion of privacy claims. | amendment would be futile; statute of limitations; prior probable cause defeats claims. | Court should have allowed amendment and remanded for proceedings. |
| Warrantless arrest as basis for abuse of process | Warrantless arrest can be abused in process claim. | No abuse of process given probable cause and lack of warrant. | Possibility of abuse of process claims remains open on remand. |
Key Cases Cited
- Fryer v. State, 732 So. 2d 30 (Fla. 5th DCA 1999) (elements of grand theft by conversion; possession dispute not fatal to probable cause)
- Jones v. State, 666 So.2d 960 (Fla. 3d DCA 1996) (grand theft framework; related statutory definitions)
- Locker v. United Pharm. Group, Inc., 46 So.3d 1126 (Fla. 1st DCA 2010) (de novo review of complaint dismissal; affirmative defenses on face of complaint)
- Isenhour v. State, 952 So.2d 1216 (Fla. 5th DCA 2007) (relevance of how a defendant obtained property to probable cause)
- State v. Siegel, 778 So.2d 426 (Fla. 5th DCA 2001) (conversion concept in theft by possession cases)