CROWLEY v. DEKLE

No. 59-748.

118 So.2d 239 (1960)

Richard J. CROWLEY, Petitioner, v. Honorable Hal P. DEKLE, Judge of Civil Court of Record in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida. Third District.

January 21, 1960.


Attorney(s) appearing for the Case

Ernest E. Roberts, Miami, for petitioner.

Stephen F. Bazzano, Miami, for respondent.


PER CURIAM.

By an original proceeding in prohibition in this court the petitioner sought a writ to preclude the civil court of record in Dade County from proceeding in an action for replevin of an automobile at the instance of a mortgagee, under a chattel mortgage which provided that upon a default the mortgagee could accelerate the balance due, take possession of the chattel and resell it at public or private sale, as an alternative to foreclosure.

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