Morris Plan Co. v. Excelsior Estates, Inc.

FINCH, Judge.

This is an appeal from a summary judgment in a replevin action instituted under *46§ 533.010.1 That judgment granted possession of a mobile home to Morris Plan Company (plaintiff) and dismissed a counterclaim for damages filed by Excelsior Estates, Inc. (Excelsior or defendant). Excelsior appealed to this court, asserting jurisdiction on the basis that the taking and detention of the mobile home under an order of delivery issued by the clerk, without prior notice or an opportunity to be heard, was violative of defendant’s constitutional right to due process under the fourteenth…