Ayala is appealing to the Third District Court of Appeal a trial court ordering, without any evidence, the posting of a $120,000 bond on property worth approximately $250,000.
The underlying case involves a lawsuit by Ayala’s client against a warehouse owner for refusing to release Ayala’s client’s equipment which was stored at the defendant’s warehouse, in transit, by the freight forwarding company hired by Ayala’s client.
As it turns out, the freight forwarding company, also a defendant, had an outstanding debt with the Miami warehouse of ~$120,000.
In order to unlawfully secure its debt, the warehouse is holding Ayala’s client property hostage, despite admitting that the invoice for storage of Ayala’s client’s property is no more than $14,000.
Ayala’s client had already posted a $76,000 bond based on the trial court’s prior order. At a status conference, the judge, without accepting any evidence, raised the amount of the bond to nearly equal the amount owed to the warehouse for the storage fees for Ayala’s client’s property, and the other unrelated charges of the freight forwarding company.
As stated by attorney Eduardo A. Maura, “The decision is plainly wrong, and we are appealing it. The law is clear that trial courts cannot set arbitrary bond amounts, but rather, they have to be based on evidence, none of which was considered by the court. We are confident we will prevail on appeal.”
You can find the initial brief written by Ayala on behalf of its client here.
For more information about bonds or warehouse liens, contact one of our attorneys at 305-570-2208. You can also email our attorney Eduardo A. Maura directly at eduardo@ayalalawpa.com.
We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.
[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].
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