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HINES TRUCK STOP, INC. v. CAPE FEAR MOTOR LINES, INC.

No. 70-144.

244 So.2d 480 (1970)

HINES TRUCK STOP, INC., Appellant, v. CAPE FEAR MOTOR LINES, INC., a North Carolina Corporation, Great Dane Trailers, Inc., and Edward Stack, As Sheriff of Broward County, Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 22, 1971.

Attorney(s) appearing for the Case

Norman D. Zimmerman, Pompano Beach, for appellant.

James E. Tribble, of Blackwell, Walker & Gray, Miami, for Great Dane.

PER CURIAM.

Appellant, Hines Truck Stop, Inc., appeals a summary final judgment entered in favor of the appellee, Great Dane Trailers, Inc., in an action of replevin to recover possession of a trailer. We reverse.

We do so because we find disputed issues of critical fact as to the validity of Great Dane Trailers' Inc., retained title contract against the trailer in question. This issue was not decided in the prior order of the court which instructed the sheriff...

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