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736 So. 2d 122

Docket No. 98-2798.

Rose v. Teitler

Tonya L. ROSE, Appellant, v. Scott Zane TEITLER, and General Electric Capital Auto Financial Services, Inc., d/b/a General Electric Capital Auto Lease, Appellees.

District Court of Appeal of Florida · decided 1999-06-23

Cited by 10 later decisions — most recently March 2013

8 state decisions

Key passage — most relied on by later courts

“[I]t is well established that an `assignment transfers to the assignee all the interests and rights of the assignor in and to the thing assigned.'”

quoted by 3 later decisions, including Deakter v. Menendez, Department of Revenue v. Bank of America

Relies on 667 So. 2d 257 - State v. Family Bank of Hallandale

Good law ✅— No negative treatment on recordhow we know

Decided 1999-06-23

View the full empirical analysis of this case →

¶1Walter G. Campbell, Jr. of Krupnick, Campbell, Malone, Roselli, Buser, Slama & Hancock, P.A., Fort Lauderdale, for appellant.

¶2Angela C. Flowers of Kubicki Draper, Miami, for appellee General Electric Capital Auto Financial Services, Inc., d/b/a General Electric Capital Auto Lease.

¶3PER CURIAM.

¶4Appellant sued appellee, General Electric Capital Auto Financial Services, Inc. ("GECAL"), for damages arising out of an automobile accident between appellant and GECAL's long-term lessee. The trial court entered summary judgment after determining that GECAL, who was the original lessor's assignee, was entitled to the financial protections accorded to the owner/lessor of a long-term leased vehicle, pursuant to section 324.021(9), Florida Statutes (Supp.1996). We affirm.

¶5Section 324.021(9) provides financial immunity to long-term lessors whose leases comply with the statutory requirements. Appellant contends that this immunity is available only to the original lessor and should not be afforded to a lessor's assignee. We disagree since it is well established that an "assignment transfers to the assignee all the interests and rights of the assignor in and to the thing assigned." State v. Family Bank of Hallandale,667 So.2d 257, 259 (Fla. 1st DCA 1995). Because assignees receive all interests and rights accrued to the assignor at the time of assignment, and because the instant lease complies with the statutory requirements, the trial court correctly entered summary judgment in GECAL's favor.

¶6Affirmed.

¶7WARNER, KLEIN and TAYLOR, JJ., concur.

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