After the plaintiff failed to show for a Monday hearing, a local judge awarded summary judgment to Mike Smith Chrysler Jeep Dodge and ordered that the dealership be dismissed from a false imprisonment lawsuit.
As previously reported, Robert D. Andrews filed a lawsuit Nov. 9, 2009, claiming he was wrongly arrested, held in jail for 34 days and charged with unauthorized use of a motor vehicle despite the fact that he paid for the car he was driving.
In his suit, Andrews claims he purchased a 1999 Lincoln Continental from Mike Smith Chrysler Dodge Jeep on Oct. 6, 2008, after getting approved for financing through Credit Acceptance Corp. and paying a $500 cash deposit.
"On the evening of Dec. 23, 2008, to the utter shock and disbelief of the Plaintiff that this would, or could happen, Mr. Andrews was pulled over in Houston, Texas, and subsequently arrested for the Unauthorized Use of a Motor Vehicle - a felony," the suit states.
On March 18, Mike Smith and co-defendant Coy LaSalle filed a motion for summary judgment, arguing that Andrews was not approved for financing and despite repeated demands, refused to return the vehicle, which led to his arrest.
A summary judgment hearing was held May 2 in Judge Bob Wortham's 58th District Court.
Andrews, who was now representing himself, failed to appear, prompting Judge Wortham to grant the motion.
Houston attorney Timothy Hart was originally representing Andrews but withdrew as counsel.
Mike Smith is represented by attorney Donald Gloud of the Houston law firm Johnson DeLuca Kennedy & Kurisky.
Case No. A185-302