Indiana Court of Appeals
Deluxe Detail, LLC v. Avis Budget Car Rental, LLC
No. 26A-SC-1327
Appeal from the St. Joseph Superior Court, Magistrate Matthew R. Raper. The court affirmed the small claims court’s judgment in favor of Avis, determining that Deluxe Detail failed to prove its claim for late fees and prejudgment interest. The court found that there was no written agreement regarding the services provided, and Deluxe did not communicate its late fee policy to Avis. The evidence did not support that late fees were incorporated into the contract, nor did Deluxe demonstrate that damages were ascertainable, therefore prejudgment interest was not warranted. Judge Brown authored the opinion, with Judges Kenworthy and Scheele concurring. Appellant attorneys: Jeffrey J. Stesiak, James P. Barth, Pfeifer, Morgan & Stesiak, South Bend. Appellee attorneys: Ami T. Anderson, Marisa R. Lareau, Lewis Brisbois Bisgaard & Smith LLP, Highland.
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