Florida District Courts of Appeal, 1991

Mason v. Lyons Capital Resources, Inc.

Mason v. Lyons Capital Resources, Inc.
Florida District Courts of Appeal · Decided May 23, 1991 · Diamantis, Goshorn, Griffin
579 So. 2d 403; 1991 Fla. App. LEXIS 5096; 1991 WL 83697 (Southern Reporter, Second Series)

Mason v. Lyons Capital Resources, Inc.

Opinion of the Court

PER CURIAM.

We reverse this summary final judgment because we find the record contains disputed issues of material fact concerning Lyons’ right to repossess appellant’s vehicle for nonpayment of the September, 1987, installment. Disputed issues include the nature of the communications between appellant and Lyons prior to the repossession and whether Lyons’ letter of October 14, 1987, constituted a waiver or an estop-pel limiting Lyons’ right of repossession.

REVERSED and REMANDED.

GOSHORN, GRIFFIN and DIAMANTIS, JJ., concur.

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