Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DAVID DEMETREE, AS TRUSTEE, APPELLANT/CROSS-APPELLEE, v. JACK STRAMONDO D/B/A ST. AUGUSTINE RESTAURANT EQUIPMENT, APPELLEE/CROSS-APPELLANT.

COBB, Judge.

The final judgment is affirmed except to the extent that it denies the prevailing defendant below an alternative judgment. In a replevin action, where the plaintiff holds the property but the defendant prevails, the defendant is entitled to an election to recover possession of the property or to satisfy a judgment against the plaintiff and its surety for the value of the property and costs. See §§ 78.19, 78.20, 78.21, Fla. Stat. See e.g., State ex rel. O'Hara v. Justice, 109 So.2d 761 (Fla. 1959); Modine Manufacturing Co. v. Israel, 294 So.2d 369 (Fla. 3d DCA 1974), cert. denied, 303 So.2d 644 (Fla. 1974); Cecil Holland Ford, Inc. v. Jameson, 132 So.2d 621 (Fla. 3d DCA 1961). We remand for entry of a corrected judgment.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

DAUKSCH and PETERSON, JJ., concur.

Use AI to get other relevant cases.

Comments

DEMETREE v. STRAMONDO
(Jul 28, 1993)