France v. Nelson

The trial court, as the majority opinion notes, ordered the return of the property to the appellee and then awarded incidental damages based on the loss of use of the items replevied. However, the court stated in its order that it was awarding damages for “conversion.” The majority opinion has seized on that mistaken terminology to duck the issue of whether the damages were correctly calculated.

I see nothing wrong with the trial court’s calculation of damages. The appellant’s argument is that no evidence of the value of the replevied items was presented. Therefore, he says, the court had no…