MARINE MIDLAND BANK-CENTRAL v. COTE

Nos. EE-181, EE-185.

351 So.2d 750 (1977)

MARINE MIDLAND BANK-CENTRAL, Etc., et al., Appellants, v. Arthur J. COTE and Elizabeth R. Cote, Appellees. Harvey C. ALTES, Appellant, v. Arthur J. COTE and Elizabeth R. Cote, Appellees.

District Court of Appeal of Florida, First District.

November 9, 1977.


Attorney(s) appearing for the Case

Edwin P.B. Sanders and David A. Burt of Landis, Graham, French, Husfeld, Sherman & Ford, P.A., Daytona Beach, for appellant Marine Midland Bank-Central.

Dan R. Warren of Judge & Warren, and Joseph T. Garlovsky, Ormond Beach, for Harvey C. Altes.

Richard A. Krause, Ormond Beach, for appellees.


SMITH, Judge.

Early in the morning of August 3, 1972, appellant Altes or a person employed by him1 entered appellees' private property and removed a vehicle from the open carport. Appellees had defaulted on payments due on the vehicle to Marine Midland Bank-Central, and Altes repossessed the vehicle on behalf of the bank. Appellees sued Altes and the bank, charging trespass. The court awarded...

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