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STEPHEN v. L.P. EVANS MOTORS, ETC.

No. 81-2264.

417 So.2d 778 (1982)

Victor STEPHEN d/b/a Victoria Line, Appellant, v. L.P. EVANS MOTORS OF WEST PALM BEACH, INC. and Proprietors Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

August 3, 1982.

Attorney(s) appearing for the Case

Donald F. Geffner, Miami, for appellant.

Daniel Mones and Frank M. Marks, Miami, for appellees.

Before HUBBART, C.J., and SCHWARTZ and NESBITT, JJ.

NESBITT, Judge.

Under the guise of purchasing a used Mercedes Benz from L.P. Evans Motors of West Palm Beach (Evans), two thieves were given a test drive at which time they overpowered the sales representative and stole the vehicle. Later, a third party shipped the same vehicle1 to Haiti aboard the defendant's shipping line. Evans, joined by his insurer, commenced the present action on the theory that the defendant's failure to obtain...

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