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FAER SIMMONS v. STEWART LEASING CO

District Court of Appeal of Florida, Fourth District
Apr 16, 1985
466 So. 2d 12 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-993.

March 13, 1985. Rehearing Denied April 16, 1985.

Appeal from the Circuit Court, Palm Beach County, Paul T. Douglas, J.

Charles W. Musgrove and Donald G. Donaldson, West Palm Beach, for appellant.

Kevin F. Richardson and Shelton Clyatt of Clyatt Richardson, P.A., West Palm Beach, for appellee.


This appeal involves a deficiency judgment entered after repossession and resale of a leased automobile. We reverse and remand for entry of judgment for appellant on the basis that notice of repossession and intent to sell given by long distance telephone to the member of the Florida professional association for whose use the automobile had been rented originally but who had left the P.A. and moved to Texas was not sufficient notice to support a deficiency judgment against the P.A. Semble: Ideal Foods, Inc. v. Action Leasing Corp., 413 So.2d 416 (Fla. 5th DCA 1982). Compare Edward J. Gerrits, Inc. v. McKinney, 410 So.2d 542 (Fla. 1st DCA), rev. denied, 419 So.2d 1196 (Fla. 1982), appeal after remand, 433 So.2d 1255 (Fla. 1st DCA 1983).

DELL and WALDEN, JJ., concur.


Summaries of

FAER SIMMONS v. STEWART LEASING CO

District Court of Appeal of Florida, Fourth District
Apr 16, 1985
466 So. 2d 12 (Fla. Dist. Ct. App. 1985)
Case details for

FAER SIMMONS v. STEWART LEASING CO

Case Details

Full title:FAER SIMMONS, P.A., APPELLANT, v. STEWART LEASING CO., INC., APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 16, 1985

Citations

466 So. 2d 12 (Fla. Dist. Ct. App. 1985)