Civil Procedure Keyed to Subrin
Fuentes v. Shevin
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
In the first case, Margarita Fuentes (Plaintiff), a resident of Florida, purchased a gas stove and service policy from Firestone Tire and Rubber Company (Defendant), under a conditional sales contract. A few months later, Plaintiff also purchased a stereophonic phonograph from the Defendant. Defendant retains title to the merchandise, while Plaintiff was entitled to possession of the items until she defaulted on her payments. With about $200 remaining to be paid, a dispute developed between the Plaintiff and the Defendant over the servicing of the stove. Plaintiff refused to make payments and the Defendant instituted an action in small claims court for repossession of the stove and stereo. When the Defendant filed that action, it also obtained a writ of replevin ordering a sheriff to seize the disputed goods. Plaintiff then filed suit in a federal district court challenging the constitutionality of the Florida prejudgment replevin procedures under the Due Process Clause of the Fourteenth Amendment. The Appellants in the second case filed a similar action in federal district court in Pennsylvania challenging the constitutionality of that State’s prejudgment replevin process. The Appellants in this case also had possessions seized under writs of replevin. In both cases, the district courts considered the Appellants’ challenges to the constitutionality of the Florida and Pennsylvania statutes. The courts in both cases upheld the constitutionality of the statutes. Plaintiffs appeal.
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