KEEFE v. CITY OF HOLLYWOOD

No. 85-1994.

487 So.2d 311 (1986)

Harold F. KEEFE, Esquire, Appellant, v. The CITY OF HOLLYWOOD, Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 23, 1986.


Attorney(s) appearing for the Case

John F. O'Donnell, Fort Lauderdale, for appellant.

Andrew DeGraffenreidt, III, City Atty., and Saul Smolar, Asst. City Atty., Hollywood, for appellee.


LETTS, Judge.

The issue before us is whether a principal can give a power of attorney to an agent to bring a replevin action. The trial judge said he could not. We disagree and reverse.

Section 78.055, Florida Statutes (1985), specifies that a complaint in a replevin action should contain a statement that the plaintiff is the owner of the claimed property or is entitled to possession of it. It is argued here that one who merely possesses a power...

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