Florida District Courts of Appeal, 1992

Classic Revivals Ltd. v. Torres

Classic Revivals Ltd. v. Torres
Florida District Courts of Appeal · Decided June 23, 1992 · Barkdull, Jorgenson, Schwartz
600 So. 2d 47; 1992 Fla. App. LEXIS 7223; 1992 WL 139118 (Southern Reporter, Second Series)

Classic Revivals Ltd. v. Torres

Opinion of the Court

PER CURIAM.

The summary judgment entered below is reversed because the record demonstrates the existence of triable issues as to, among other things, the applicability of sections 559.903(2), 559.903(4), 559.905(5), 559.-909(1), Florida Statutes (1991). The failure to dismiss the prejudgment writ of replevin was likewise erroneous because neither of the statutory bases for the issuance of such a writ, see §§ 78.055, 78.075, 78.068, Fla.Stat. (1991), was complied with below.

Reversed and remanded.

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