KC Bunyan of the Mudville Nine came to bat in the ninth inning. In the first of his three at-bats, KC had hit a single, a double, and a triple. With a home run, KC would join an elite group of baseball players who had hit for the cycle in a single game.
With a full count, the opposing pitcher threw a blazing fastball over the outside corner of the plate. Casey connected, and the “cycle ball” soared into the sky. The cycle ball cleared the right-field bleachers, landed in the parking lot, and bounced high into the air. The ball came to rest in the front seat of Frank’s convertible, which was parked on a public street outside of the parking lot.
The parking lot attendant, Paul, who had been following the game of his radio, saw the cycle ball bounce into Frank’s car. Paul ran to the car, reached inside, took the cycle ball and put it in his pocket. Paul’s co-worker saw the incident and left a note on Frank’s windshield telling Frank what had happened. Frank read the note after the game ended and learned that the cycle ball had landed inside his car before Paul took the ball from the front seat.
Assume that Paul still has possession of the cycle ball. Frank has filed a conversion claim against Paul seeking the return of the cycle ball. How should the court rule on Frank’s conversion claim?
**Must use IRAC and be 1.5-2 pages in length