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LENNEY v. KEY BANK OF NEW YORK

No. 98-320

721 So.2d 780 (1998)

Anne M. LENNEY and Lewis A. Lenney, III, Appellants, v. KEY BANK OF NEW YORK, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

December 4, 1998.

Attorney(s) appearing for the Case

David E. Olson, of David E. Olson, P.A., New Port Richey, for Appellants.

Kathryn S. Gruber and Mark F. Ahlers, of Fishback, Dominick, Bennett, Stepter, Ardaman, Ahlers & Bonus, Orlando, for Appellee.

GRIFFIN, C.J.

This is an appeal of a final summary judgment entered in favor of Key Bank of New York, in an action to recover on a retail installment contract. Appellant contends that the action is barred by laches and that their filed affidavit created a material issue of fact concerning whether there had been a de facto repossession. The laches claim is clearly without merit. This is an action at law governed by a six-year statute of limitations.

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