Legal Opinion

Auto Dealer Services, Inc. v. Vince Whibbs Imports, Inc. (In Re Auto Dealer Services, Inc.)

United States Bankruptcy Court, M.D. Florida

Decided January 17, 1990No. Bankruptcy No. 84-424-BKC-6P1, Adv. No. 88-163PublishedCited by 4 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GEORGE L. PROCTOR, Bankruptcy Judge.

This adversary proceeding is before the Court upon the complaint of Auto Dealer Services, Inc., for the return of unearned commissions from Vince Whibbs Imports, Inc. A trial was held on August 31, 1989, and upon the evidence presented, the Court enters the following Findings of Fact and Conclusions of Law:

Findings of Fact

Plaintiff/debtor was licensed by the State of Florida pursuant to Chapter 634 of the Florida Statutes to conduct an automobile warranty business. Plaintiff used two types of contracts in the course of…

2Cases cited21 opinions

  1. Hazen v. Cobb-Vaughan Motor Co.Supreme Court of Florida · 1928
  2. Nat. Merchandise Co., Inc. v. United Serv. Auto. Ass'nDistrict Court of Appeal of Florida · 1981
  3. Board of Public Instruction v. Town of Bay Harbor I.Supreme Court of Florida · 1955
  4. Tipper v. Great Lakes Chemical CompanySupreme Court of Florida · 1973
  5. Natural Gas Pipeline Company of America, and v. D. D. Harrington, and D. D. Harrington, and v. Natural Gas Pipeline Company of America, AndCourt of Appeals for the Fifth Circuit · 1957

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3Cited by4 opinions

  1. Frito-Lay, Inc. v. LTV Corp. (In Re Chateaugay Corp.)District Court, S.D. New York · 1993
  2. In Re Chateaugay Corp.United States Bankruptcy Court, S.D. New York · 1992
  3. Chemold Systems, Inc. v. Powers (In re Chemold Systems, Inc.)United States Bankruptcy Court, D. Kansas · 1991
  4. Thomas Companies v. United Fire & Casualty Co. (In Re Thomas Companies)United States Bankruptcy Court, C.D. Illinois · 1994

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