Express Enterprise, Inc. v. Waites

WOODALL, Justice.

Express Enterprise, Inc., d/b/a Express Cash I, II, and III (“Express Enterprise”), appeals from a partial summary judgment for James Waites in an action filed against Express Enterprise by Waites. We reverse and remand.

Express Enterprise is a pawnbroker as defined by § 5-19A-2(4), Ala.Code 1975, a part of the Alabama Pawnshop Act (“the Act”). In August 1998, Waites entered into a pawn transaction with Express Enterprise, obtaining a $400 loan on the security of his pledge of the certificate of title to an automobile he owned. See § 5-19A-*7552(3) and (6). See also Floyd v. Title…