Tropical Supermarkets, Inc. v. Super Valu Stores, Inc.

District Court of Appeal of Florida

Tropical Supermarkets, Inc. v. Super Valu Stores, Inc.

557 So. 2d 81, 1990 Fla. App. LEXIS 402, 1990 WL 4559

CourtDistrict Court of Appeal of Florida

DecidedJanuary 23, 1990

DocketNo. 88-2633

StatusPublished

This text of 557 So. 2d 81 (Tropical Supermarkets, Inc. v. Super Valu Stores, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tropical Supermarkets, Inc. v. Super Valu Stores, Inc., 557 So. 2d 81, 1990 Fla. App. LEXIS 402, 1990 WL 4559 (Fla. Ct. App. 1990).

Pincite

Opinion

LEVY, Judge.

Debtors, Tropical Supermarkets, Inc., 12850 of Miami, Inc., and 1895 of Miami, Inc., all independent supermarket chains, appeal an adverse final summary judgment entered against them on their counterclaim, after the appellee/plaintiff below voluntarily dismissed its case against them, in a replevin action brought by creditor Super Valu Stores, Inc., a grocery wholesaler. We reverse and remand the case back to the trial court so that the trial judge can hold a hearing, pursuant to Englander v. St. Francis Hospital, Inc., 506 So.2d 423 (Fla. 3d DCA 1987), to make a judicial determination as to which party would have prevailed if the case had gone to trial, thereby entitling that party to possession of the property in question.

Reversed and remanded.

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LEVY, Judge.

Debtors, Tropical Supermarkets, Inc., 12850 of Miami, Inc., and 1895 of Miami, Inc., all independent supermarket chains, appeal an adverse final summary judgment entered against them on their counterclaim, after the appellee/plaintiff below voluntarily dismissed its case against them, in a replevin action brought by creditor Super Valu Stores, Inc., a grocery wholesaler. We reverse and remand the case back to the trial court so that the trial judge can hold a hearing, pursuant to Englander v. St. Francis Hospital, Inc., 506 So.2d 423 (Fla. 3d DCA 1987), to make a judicial determination as to which party would have prevailed if the case had gone to trial, thereby entitling that party to possession of the property in question.

Reversed and remanded.

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Bluebook (online)

557 So. 2d 81, 1990 Fla. App. LEXIS 402, 1990 WL 4559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tropical-supermarkets-inc-v-super-valu-stores-inc-fladistctapp-1990.

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