Nichols v. Martin

OPINION

HOWARD, Judge.

This is an action in replevin for the recovery of an airplane and damages for its wrongful detention. The trial court awarded appellee $17,680 for loss of use of the airplane, her “expenses” in the sum of $3,425 and ordered appellant to return the airplane to her. Appellee’s request for punitive damages was denied.

The issues to be decided are: (1) whether appellant had a superior right to possession of the airplane when he took it from appellee, (2) whether the trial court used a proper measure of damages in awarding loss of use, and (3) whether appellee is entitled to…