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BARB'S SPRINKLERS, INC. v. WATER BOY LAWN SPRINKLER'S INC.

No. 95-0479.

686 So.2d 646 (1996)

BARB'S SPRINKLERS, INC., a Florida corporation, Arie Taykan and Barbara Tayken, Appellants, v. WATER BOY LAWN SPRINKLER'S, INC., and Jack Klein, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 31, 1997.

Attorney(s) appearing for the Case

Peter B. Weintraub of Weintraub & Weintraub, Deerfield Beach, and Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for appellants.

Ronald P. Weil of Aragon, Burlington, Weil & Crockett, P.A., Miami, for appellees.

STEVENSON, Judge.

This is an appeal from a final judgment entered pursuant to a verdict for the plaintiff, Water Boy Lawn Sprinklers, Inc., in a suit on a promissory note. We reverse.

The verdict was contrary to the manifest weight of the evidence and to law because plaintiff, by repossessing the business assets which served as collateral for the loan and subsequently failing to sell them so that the proceeds could be applied to the debt, effectively elected...

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