Legal Opinion · Dissent

Klein v. G. F. C. Corp.

District Court of Appeal of Florida

Decided May 27, 1958No. 58-101Published

1DissentPearson, Judge

The first conclusion of the majority opinion is that the judgment of the trial court was correct on the question of possession. In this conclusion I concur; although, I do not find that the limited jurisdiction of the civil court of record is in any manner concerned with that conclusion. In addition it should be pointed out that a proper equitable defense may be made by a purchaser in default on a retain title contract. See Ragsdale v. Miami Cadillac Co., 88 Fla. 302, 102 So. 494.

Upon this second question, “(2) was it error to enter a summary judgment for the value of an automobile in…

2Cases cited5 opinions

  1. Wiltcher v. StateMississippi Supreme Court · 1910
  2. Malsby v. GambleSupreme Court of Florida · 1911
  3. Brundage v. O'berry, Jr.Supreme Court of Florida · 1931
  4. Ex Parte WatsonSupreme Court of Alabama · 1924
  5. Ragsdale v. Miami Cadillac Co.Supreme Court of Florida · 1924

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