Troyts Auto Service v. Vitelli

BLACK, Judge.

Troyts Auto Service and Troyts Bogar Valero challenge the final judgment of the trial court ordering them to pay conversion damages to Gennare Vitelli. The appellants argue that the trial court erred in finding liability for conversion because the matter was not pleaded or tried by consent. We agree and reverse.

In the complaint, Mr. Vitelli alleged one count of civil theft and two counts of fraudulent misrepresentation in the inducement. 1 Following a nonjury trial, the trial court entered a final judgment finding that Mr. Vitelli failed to establish that the appellants committed…