Tropical Supermarkets, Inc. v. Super Valu Stores, Inc.
Docket: No. 88-2633
Court: District Court of Appeal of Florida; January 22, 1990; Florida; State Appellate Court
Debtors Tropical Supermarkets, Inc., 12850 of Miami, Inc., and 1895 of Miami, Inc., appeal a final summary judgment against their counterclaim following the voluntary dismissal of a replevin action by creditor Super Valu Stores, Inc. The court reverses the judgment and remands the case to the trial court for a hearing to determine which party would have prevailed had the case gone to trial, thereby establishing entitlement to possession of the disputed property. The reference case for this determination is Englander v. St. Francis Hospital, Inc., 506 So.2d 423 (Fla. 3d DCA 1987).