Kingswood South Inc. v. J.I. Case Credit Corp.

FARMER, Judge.

The debtor/purchaser1 of a forklift appeals a non-final order authorizing the issuance of a writ of replevin before final judgment under section 78.067.2 Because we conclude that the trial court failed to consider the showing made by the debtor at the show cause hearing and further failed to permit the debtor to present testimony on his behalf at the time of the hearing to show that plaintiff was not entitled to possession of the forklift, we reverse the order.

On the basis of a complaint and an affidavit, the trial court had previously issued an order to show cause under section…