AMERICAN BANKERS INS. CO. v. NOLAN'S GARAGE, INC.

No. 71-1384.

262 So.2d 727 (1972)

AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, Appellant, v. NOLAN'S GARAGE, INC., Appellee.

District Court of Appeal of Florida, Third District.

May 30, 1972.


Attorney(s) appearing for the Case

Helliwell, Melrose & DeWolf and Lewis Stinson, Jr., Miami, for appellant.

Elliot L. Miller, Miami, for appellee.

Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.


HAVERFIELD, Judge.

American Bankers Insurance Company brings this appeal from an adverse summary judgment on a writ of replevin to obtain possession of an automobile.

The ultimate question presented is whether a genuine issue of material fact existed so as to preclude the entry of the summary judgment under the procedural rules governing such judgments. RCP 1.510(c), 31 F.S.A., states as follows: "The judgment sought shall be rendered forthwith if the pleadings...

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