LANDMARK FIRST NAT. BK. v. BEACH BAIT AND TACKLE SHOP, INC.

No. 82-1728.

449 So.2d 1287 (1983)

LANDMARK FIRST NATIONAL BANK OF FORT LAUDERDALE, Appellant, v. BEACH BAIT AND TACKLE SHOP, INC., John J. Day and Henrietta Day a/K/a Hedy Day, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 6, 1984.


Attorney(s) appearing for the Case

Brian F. Leary of English, McCaughan & O'Bryan, Fort Lauderdale, for appellant.

Alan H. Fein of Arky, Freed, Stearns, Watson & Greer, P.A., Miami, for appellees.


PER CURIAM.

Appellant Bank obtained a prejudgment writ of replevin based on a verified pleading in which it averred that appellee failed to make payment as agreed. Thereafter, at the defendant/appellee's request, the trial court conducted an evidentiary hearing and dissolved the writ even though the bank substantiated its allegation. We reverse.

Section 78.068, Florida Statutes (1981), was crafted by the Florida Legislature to conform with the principles enunciated...

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