James Wrecker Service v. Humphreys County
| Docket Number: | 2003-CA-01972-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2004 Opinion Author: Lee, P.J. Holding: Reversed and Remanded; Reversed and Rendered |
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| Additional Case Information: |
Topic: Contract - Customary practice - Storage fees Judge(s) Concurring: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 07-07-2003 Appealed from: Humphreys County Circuit Court Judge: Jannie M. Lewis Disposition: WRECKER SERVICE NOT ENTITLED TO STORAGE FEES FOR IMPOUNDED VEHICLE Case Number: 03-0047 |
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| Party Name: | Attorney Name: | |||
| Appellant: | James Wrecker Service |
JOHN H. DANIELS |
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| Appellee: | Humphreys County, State of Mississippi, A Corporate Body Public | PAUL MATHIS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Contract - Customary practice - Storage fees |
| Summary of the Facts: | A 1996 GMC Suburban was seized pursuant to the lawful arrest of James Edwards, III. At the request of the Humphreys County Sheriff's Department, the vehicle was subsequently impounded and towed by James Wrecker Service to its place of business in Belzoni. James Wrecker was entrusted as the custodian of the vehicle. Humphreys County sought to retrieve the vehicle pursuant to a sentencing order issued by the circuit court in Edwards's criminal case. James Wrecker refused to turn over the vehicle except on condition of payment of the storage and towing fees. Humphreys County filed a petition for replevin, and James Wrecker counterclaimed requesting payment of storage fees. The judge found that a customary practice existed between James Wrecker and the Sheriff’s Department whereby James Wrecker would not charge storage fees. The judge also found that, pursuant to its counterclaim, James Wrecker shall be paid $135 towing fees. James Wrecker appeals. |
| Summary of Opinion Analysis: | Issue 1: Customary practice James Wrecker argues that there was no customary practice or understanding between James Wrecker and the Sheriff’s Department whereby James Wrecker would waive storage fees in return for being allowed to repair vehicles for the Sheriff’s Department. The evidence on this issue consisted of one check stub showing payment of towing fees rather than storage fees. This can hardly be considered substantial evidence to support the Department’s argument. Therefore, the court's determination is reversed and rendered. Issue 2: Storage fees James Wrecker argues that the court erred in determining that they were not entitled to storage fees. In reading the court's order, it is evident that the judge intended James Wrecker to benefit from whatever proceeds were received after the forfeiture proceedings. However, it is unclear what exactly the court intended James Wrecker to receive. This issue is remanded in order for the court to determine the proper amount of fees James Wrecker is entitled to receive once the forfeiture proceedings of the car are complete. |
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