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CLASSIC REVIVALS LIMITED INC. v. TORRES

No. 92-223.

600 So.2d 47 (1992)

CLASSIC REVIVALS LIMITED, INC., et al., Appellants, v. Gabriel TORRES, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 21, 1992.

Attorney(s) appearing for the Case

Sommers & Roth and Peter Ticktin and Caron Speas, Miami, for appellants.

Agustin Perez-Cervera, Coral Gables, for appellee.

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

PER CURIAM.

The summary judgment entered below is reversed because the record demonstrates the existence of triable issues as to, among other things, the applicability of sections 559.903(2), 559.903(4), 559.905(5), 559.909(1), Florida Statutes (1991). The failure to dismiss the prejudgment writ of replevin was likewise erroneous because neither of the statutory bases for the issuance of such a writ, see §§ 78.055, 78.075, 78.068, Fla. Stat. (1991), was...

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