EXCEL BANK v. NATIONAL BANK OF KANSAS CITY

No. WD 69701.

290 S.W.3d 801 (2009)

EXCEL BANK, Appellant, v. NATIONAL BANK OF KANSAS CITY, d/b/a Great American Acceptance Company, Respondent.

Missouri Court of Appeals, Western District.

June 30, 2009.


Attorney(s) appearing for the Case

James A. Hanson, for Appellant.

Cassandra L. Writz, for Respondent.

Before Division Three: JAMES M. SMART, Presiding Judge, JOSEPH M. ELLIS, Judge and JAMES E. WELSH, Judge.


JOSEPH M. ELLIS, Judge.

Excel Bank ("Excel") appeals from a summary judgment in favor of National Bank of Kansas City d/b/a Great American Acceptance Company ("GAAC") on Excel's replevin action concerning eighteen vehicles that GAAC seized from a used car dealer, Miles Truck and Auto ("Miles"). For the following reasons, we affirm.

The underlying facts are undisputed. On March 5, 2004, GAAC advanced money to Miles under a floor plan financing arrangement....

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