Moresca v. Allstate Insurance Co.

FARRINGTON, OTIS, Associate Judge.

The parties will be referred to as they were in the trial court.

Defendant, Mrs. Phillip Moresca, appeals from a summary final judgment in replev-in holding that plaintiff, Allstate Insurance Company, hereafter referred to as Allstate, was entitled to possession of the 1965 Pontiac automobile which was the subject of the replevin action.

Prior to the filing of the replevin action by Allstate, the Sheriff of Brevard County had taken possession of the same Pontiac automobile because he had received information that it was a stolen automobile. On March 20, 1967,…