BUTLER v. MIRABELLI

No. 4709.

179 So.2d 868 (1965)

William BUTLER, Appellant, v. Dominick J. MIRABELLI, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied November 22, 1965.


Attorney(s) appearing for the Case

George E. Bunnell and Don G. Nicholson, of Nicholson, Howard & Brawner, Miami, for appellant.

Norman C. Roettger, Jr., of Fleming, O'Bryan & Fleming, Ft. Lauderdale, for appellee.


SMITH, Acting Chief Judge.

William Butler, the defendant in a replevin action, appeals the final judgment as amended which found him entitled to possession of the yacht "Tiki" subject, however, to the plaintiff's claim which the trial court held to be a mortgage securing a loan in the amount of $11,000. The defendant was awarded interest but was denied loss of use damages on the ground that he had not put up a forthcoming bond. The plaintiff-appellee has moved to...

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