Florida District Courts of Appeal, 1992

Blinn ex rel. Smith v. General Motors Acceptance Corp.

Blinn ex rel. Smith v. General Motors Acceptance Corp.
Florida District Courts of Appeal · Decided February 19, 1992 · Garrett, Stone, Warner
595 So. 2d 970; 1992 Fla. App. LEXIS 1303; 1992 WL 26481 (Southern Reporter, Second Series)

Blinn ex rel. Smith v. General Motors Acceptance Corp.

Opinion of the Court

PER CURIAM.

We reverse the appealed summary final judgment on the authority of Kraemer v. General Motors Acceptance Corp., 572 So.2d 1363 (Fla. 1990), and remand for further proceedings.

REVERSED AND REMANDED.

STONE, WARNER and GARRETT, JJ., concur.

MOTION FOR CLARIFICATION

PER CURIAM.

We choose to treat appellees’ motion for rehearing as a motion for clarification which we grant to clarify our February 19, 1992 opinion as follows:

As to the appealed summary final judgment entered in favor of appellee GMAC Leasing Corporation, we affirm. As to the appealed summary final judgment entered in favor of appellee General Motors Acceptance Corporation, we reverse on the authority of Kraemer v. General Motors Acceptance Corp., 572 So.2d 1363 (Fla. 1990), and remand for further proceedings.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR FURTHER PROCEEDINGS.

STONE, WARNER and GARRETT, JJ., concur.

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