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AMERICA ATLANTIC TRANSMISSION v. NICE CAR

No. 4D12-2132.

112 So.3d 639 (2013)

AMERICA ATLANTIC TRANSMISSION d/b/a Atlantic Transmission & Auto Repair and Mark Hinkofer, Appellants, v. NICE CAR, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

April 24, 2013.

Attorney(s) appearing for the Case

Richard W. Glenn of the Law Office of Richard W. Glenn, Palm Beach Gardens, for appellants.

Alexis K. Logan of the Law Office of Alexis Logan, PLLC, and Joseph P. Klapholz of Joseph P. Klapholz, P.A., Hollywood, for appellee.

Robert E. Sickles and John P. Gaset of Hinshaw & Culbertson, LLP, Tampa, for Amicus Curiae, The Florida Independent Automobile Dealers Association, Inc.

DAMOORGIAN, J.

American Atlantic Transmission ("AAT") appeals the trial court's non-final order holding it in contempt of court for failure to release a motor vehicle to Nice Car, Inc. ("Nice Car"). AAT raises a number of issues on appeal. We find merit to AAT's argument that Nice Car, as a lien holder, was not entitled to invoke the right of possession upon posting a bond under section 559.917, Florida Statutes (2012), and reverse. We find no merit to the remaining...

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