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KIVISTO v. GMAC LLC

No. 4D08-882.

978 So.2d 283 (2008)

Jussi K. KIVISTO, Petitioner, v. GMAC LLC f/k/a General Motors Acceptance Corporation, Respondent.

District Court of Appeal of Florida, Fourth District.

April 16, 2008.

Attorney(s) appearing for the Case

Jussi K. Kivisto of Kivisto Law Firm, Lake Worth, pro se.

Mark J. Bernet of Kass, Shuler, Solomon, Spector, Foyle & Singer, P.A., Tampa, for respondent.

PER CURIAM.

The issue raised by this petition for certiorari is when, in a replevin action in which the defendant has prevailed, the court must award defendant damages. In a non-final order the trial court ordered plaintiff to return the vehicle to defendant, but postponed a determination of damages for a later hearing to be scheduled.

In McMurrain v. Fason, 584 So.2d 1027 (Fla. 1st DCA 1991), the first district granted...

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