Auto Recovery Service, Inc. v. Mercantile National Bank of Miami Beach

HENDRY, Judge.

The appellant, defendant below appeals from a summary judgment in favor of ap-pellee, plaintiff in a replevin action.

The complaint alleges that plaintiff is entitled to possession of a certain described mobile home,1 and defendant unlawfully withholds possession thereof from plaintiff. Defendant’s answer denies plaintiff’s right to possession and that defendant unlawfully withholds possession. It affirmatively alleges that defendant is lawfully entitled to possession as agent of Minnehoma Finance Company, (hereafter Minnehoma) holder ■of a trust receipt for the vehicle executed…