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TROPICAL SUPERMARKETS, INC. v. SUPER VALU STORES, INC.

No. 88-2633.

557 So.2d 81 (1990)

TROPICAL SUPERMARKETS, INC., a Florida Corporation; 12850 of Miami, Inc., a Florida Corporation; and 1895 of Miami, Inc., a Florida Corporation, Appellants, v. SUPER VALU STORES, INC., a Delaware Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 14, 1990.

Attorney(s) appearing for the Case

Hershoff & Levy, and Jay M. Levy, Miami, for appellants.

Floyd Pearson Richman Greer Weil Zack & Brumbaugh, and Thomas Meeks, Miami, for appellee.

Before BASKIN, LEVY and GERSTEN, JJ.

LEVY, Judge.

Debtors, Tropical Supermarkets, Inc., 12850 of Miami, Inc., and 1895 of Miami, Inc., all independent supermarket chains, appeal an adverse final summary judgment entered against them on their counterclaim, after the appellee/plaintiff below voluntarily dismissed its case against them, in a replevin action brought by creditor Super Valu Stores, Inc., a grocery wholesaler. We reverse and remand the case back to the trial court so that the trial judge can...

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