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JOYCE v. COMBANK/LONGWOOD

No. 80-1207.

405 So.2d 1358 (1981)

Francis JOYCE and Columbia Joyce, Appellants, v. COMBANK/LONGWOOD, a Florida Banking Corporation, N/K/a Combank/Seminole County, Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 18, 1981.

Attorney(s) appearing for the Case

Leon B. Cheek, III, Altamonte Springs, for appellants.

Marvin E. Rooks, Casselberry, for appellee.

ORFINGER, Judge.

We are asked to determine on this appeal if the sale by the bank of a repossessed automobile carries with it the implied warranty of merchantability contained in section 672.2-314(1), Florida Statutes (1979).1 The trial court held that it did not and granted a summary final judgment in favor of the bank. The purchaser appeals and we affirm.

The facts appear in the record without dispute. Appellants filed suit against...

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