DEMETREE v. STRAMONDO

No. 92-2370.

621 So.2d 740 (1993)

David DEMETREE, As Trustee, Appellant/Cross-Appellee, v. Jack STRAMONDO d/b/a St. Augustine Restaurant Equipment, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 28, 1993.


Attorney(s) appearing for the Case

Donna L.S. McIntosh and Frank C. Whigham of Stenstrom, McIntosh, Julian, Colbert, Whigham & Simmons, P.A., Sanford, for appellant/cross-appellee.

Roger B. Butcher and Gus R. Benitez of Benitez & Butcher, P.A., Orlando, for appellee/cross-appellant.


COBB, Judge.

The final judgment is affirmed except to the extent that it denies the prevailing defendant below an alternative judgment. In a replevin action, where the plaintiff holds the property but the defendant prevails, the defendant is entitled to an election to recover possession of the property or to satisfy a judgment against the plaintiff and its surety for the value of the property and costs. See §§ 78.19, 78.20, 78.21, Fla. Stat. See...

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