Brown v. Warren Wooten Ford, Inc.

This is an interlocutory appeal by appellant-defendant, Raymond T. Brown, from the entry of a partial summary judgment on the issue of liability in favor of the appellee-plaintiff, Warren Wooten Ford, Inc., in an action for a deficiency judgment allegedly resulting from a breach of an automobile retail installment contract. We reverse.

We do so because there exists a genuine issue of a material fact as to whether there was a public sale of the repossessed vehicle. See Great Dane Trailers, Inc. v. A-l Truck Rentals, Inc., Fla.App.1970, 232 So. 2d 762. The existence of a genuine issue as to a…