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AUTO RECOVERY SERVICE, INC. v. MERCANTILE NAT. BANK

No. 63-445.

161 So.2d 701 (1964)

AUTO RECOVERY SERVICE, INC., a corporation, Appellant, v. MERCANTILE NATIONAL BANK OF MIAMI BEACH, a United States banking corporation, Appellee.

District Court of Appeal of Florida. Third District.

March 17, 1964.

Attorney(s) appearing for the Case

Creel & Glasgow, Miami, for appellant.

Broad & Cassell and Lewis Horwitz, Miami Beach, for appellee.

Before BARKDULL, C.J., HENDRY, J., and KEHOE, JAMES W., Associate Judge.

HENDRY, Judge.

The appellant, defendant below appeals from a summary judgment in favor of appellee, plaintiff in a replevin action.

The complaint alleges that plaintiff is entitled to possession of a certain described mobile home,1 and defendant unlawfully withholds possession thereof from plaintiff. Defendant's answer denies plaintiff's right to possession and that defendant unlawfully withholds possession. It affirmatively alleges...

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