ELLIS CONTRACTING, INC. v. KOMATSU FINANCIAL

No. 2003-CA-02064-COA.

906 So.2d 805 (2004)

ELLIS CONTRACTING, INC., Appellant, v. KOMATSU FINANCIAL, Appellee.

Court of Appeals of Mississippi.

December 14, 2004.


Attorney(s) appearing for the Case

Nathan P. Adams, Philip Mansour, Greenville, attorneys for appellant.

Stephen E. Gardner, Jackson, Suzette Faries Breland, attorneys for appellee.

Before BRIDGES, P.J., CHANDLER and GRIFFIS, JJ.


BRIDGES, P.J., for the Court.

¶ 1. Komatsu Financial financed Ellis Contracting's purchase of excavating equipment. Ellis defaulted and Komatsu unsuccessfully attempted self-help repossession. Komatsu filed a complaint in replevin, to which Ellis answered and counterclaimed. Komatsu subsequently filed a motion for summary judgment. The circuit court granted Komatsu's motion for summary judgment and dismissed Ellis's counterclaim. Aggrieved, Ellis appeals and...

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