BRESCHER v. ASSOCIATES FIN. SERV. CO.

No. 83-673.

460 So.2d 464 (1984)

George A. BRESCHER, As Sheriff of Broward County, Appellant, v. ASSOCIATES FINANCIAL SERVICES COMPANY, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

December 5, 1984.


Attorney(s) appearing for the Case

Richard S. Bernstein of Fred J. Berman, P.A., Fort Lauderdale, for appellant.

Bertram A. Sapurstein of Ingraham & Sapurstein, P.A., Miami, for appellee.


HURLEY, Judge.

This appeal presents the question whether a secured party, upon default by a debtor, may recover possession of a chattel by replevin from a sheriff who has taken possession thereof under execution. We answer in the affirmative.

George and Dorothy Guzzo borrowed $5,940.00 from Associates Financial Services Company of Florida, Inc. to purchase a 1979 Lincoln automobile. They promised to repay the loan in thirty monthly installments of $198.00...

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