Public-domain · open source
OpenJurist

621 So. 2d 740

Docket No. 92-2370.

Demetree v. Stramondo

David DEMETREE, As Trustee, Appellant/Cross-Appellee, v. Jack STRAMONDO d/b/a St. Augustine Restaurant Equipment, Appellee/Cross-Appellant.

District Court of Appeal of Florida

Decided June 25, 1993.

Rehearing Denied July 28, 1993.

District Court of Appeal of Florida · decided 1993-06-25

Relies on Ringling Bros.-Barnum & Bailey Combined Shows, Inc. v. State · 109 So. 2d 761 - State ex rel. O'Hara v. Justice · 294 So. 2d 369 - Modine Manufacturing Company v. Israel

Good law ✅— No negative treatment on recordhow we know

Decided 1993-06-25

How this case has been cited

Cited by 4 later decisions — most recently November 2011

4 state decisions

20199320002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*741 Donna L.S. McIntosh and Frank C. Whigham of Stenstrom, McIntosh, Julian, Colbert, Whigham & Simmons, P.A., Sanford, for appellant/cross-appellee.

¶2Roger B. Butcher and Gus R. Benitez of Benitez & Butcher, P.A., Orlando, for appellee/cross-appellant.

¶3COBB, Judge.

¶4The 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.

¶5AFFIRMED IN PART; REVERSED IN PART; REMANDED.

¶6DAUKSCH and PETERSON, JJ., concur.

/621/so2d/740 · .json · Public domain