Legal Opinion

HEG, Inc. v. Bay Bank & Trust Co.

District Court of Appeal of Florida

Decided December 20, 1991No. 90-3503PublishedCited by 3 opinions

1Opinion of the Court

ERVIN, Judge.

Appellants, HEG, Inc. and Lisa M. Ken-ner, appeal the dismissal of their amended complaint in which they sought replevin as well as damages for the wrongful detention of certain books and records. Appellants contend the trial court erred in concluding that their replevin and damage claims were mooted by a previous order of the court, and in concluding that the claim for damages for detention of Kenner’s “tools of trade” constituted a claim for special damages that plaintiffs failed to specifically allege. We agree and reverse and remand.

During a foreclosure/receiver proceeding…

2Cases cited5 opinions

  1. Hutchison v. TompkinsSupreme Court of Florida · 1972
  2. Ocala Foundry & Machine Works v. LesterSupreme Court of Florida · 1905
  3. Cerna v. Swiss Bank Corp.(Overseas), SADistrict Court of Appeal of Florida · 1987
  4. Continental Illinois National Bank & Trust Co. v. Four AmbassadorsDistrict Court, S.D. Florida · 1984
  5. Hart Land & Cattle Co. v. Reeves Steel, Inc.District Court of Appeal of Florida · 1975

3Cited by3 opinions

  1. Brown v. ReynoldsDistrict Court of Appeal of Florida · 2004
  2. Campos v. Courtesy Ford, Inc.District Court of Appeal of Florida · 2005
  3. Campos v. Courtesy Ford, Inc.District Court of Appeal of Florida · 2005

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