COMCOA, INC. v. COE

No. 91-735.

587 So.2d 474 (1991)

COMCOA, INC., Appellant, v. The Honorable Jack M. COE, County Court Judge, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 13, 1991.


Attorney(s) appearing for the Case

Gary S. Gostel, Miami, for appellant.

Robert A. Ginsburg, County Atty. and Roy Wood, Asst. County Atty., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and GERSTEN, JJ.


SCHWARTZ, Chief Judge.

We hold in this case that upon the satisfaction of the statutory prerequisites for a writ of replevin without notice pursuant to section 78.068, Florida Statutes (1989), the trial court is mandatorily required to issue the writ in accordance with that provision.

The case began in the Dade County Court when the appellant, Comcoa, sought to replevin furniture it had leased because the required rental payments had not been made. Although...

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