Gilbert v. Rafael

Banke, Presiding Judge.

This is a suit by the appellant to recover actual and punitive damages for conversion based on the appellee’s alleged wrongful repossession of an airplane. The appeal is from the grant of the appellee’s motion for summary judgment. Although the complaint sought recovery for the alleged conversion of certain other property in addition to the airplane, the only issues raised on appeal concern the appellant’s right to recover damages for the taking of the aircraft itself.

The aircraft was repossessed in December of 1982. The appellant testified in his deposition that in…