Opinion
No. 92-223.
June 23, 1992. Rehearing Denied July 21, 1992.
An Appeal from the Circuit Court for Dade County; Celeste H. Muir, Judge.
Sommers Roth and Peter Ticktin and Caron Speas, Miami, for appellants.
Agustin Perez-Cervera, Coral Gables, for appellee.
Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.
The summary judgment entered below is reversed because the record demonstrates the existence of triable issues as to, among other things, the applicability of sections 559.903(2), 559.903(4), 559.905(5), 559.909(1), Florida Statutes (1991). The failure to dismiss the prejudgment writ of replevin was likewise erroneous because neither of the statutory bases for the issuance of such a writ, see §§ 78.055, 78.075, 78.068, Fla. Stat. (1991), was complied with below.
Reversed and remanded.