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DODGE CITY, INC. v. BYRNE

No. 96-04067.

693 So.2d 1033 (1997)

DODGE CITY, INC., d/b/a Dayton Andrews Dodge, a Florida corporation, Appellant, v. Wendy E. BYRNE and Nicholas L. Doyle, Appellees.

District Court of Appeal of Florida, Second District.

May 14, 1997.

Attorney(s) appearing for the Case

Michael D. Siegel of Delcamp and Siegel, P.A., St. Petersburg, for Appellant.

John L. Riley, St. Petersburg, for Appellees.

Cynthia Tunnicliff and John C. Pelham of Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap, P.A., Tallahassee, for Amicus Curiae Florida Automobile Dealers Association.

FRANK, Judge.

Dodge City, Inc. has appealed from a nonfinal order replevying a Dodge Caravan. The vehicle, which had been "spot delivered" to the buyers when the sales documents were executed, had been repossessed when the dealership was unable to find financing for the transaction. After the repossession, the buyers instituted this replevin action. Following a hearing, the trial court found that the seller did not show cause why the vehicle should not be replevied...

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