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Action Against DHL Regarding Failure to Collect COD Payments
In Tran Enters., LLC v. DHL Express (USA), Inc., No. 10-20115, an action claiming that defendant DHL failed to remit collect-on-delivery (COD) payments totaling $21,991.72 to plaintiff, the court affirmed summary judgment for defendant where plaintiff failed to present any summary judgment evidence that true conversion had occurred, instead merely offering the fact that it did not receive the checks.
As the court wrote: "Plaintiff-appellant Tran Enterprises LLC, doing business as Nutrition
Depot, entered into contracts with defendant-appellee DHL Express (USA), Inc. for numerous shipments of merchandise to its customers. This appeal concerns twenty-one shipments delivered between April 3, 2006, and January 31, 2007, for which DHL failed to remit collect-on-delivery (COD) payments totaling $21,991.72 to Nutrition Depot."