Mid-State Investment Corporation v. O'Steen

133 So. 2d 455 (1961)

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Mid-State Investment Corporation v. O'Steen

Florida First District Court of Appeal
133 So. 2d 455 (1961)

Facts

The O’Steens (plaintiffs) obtained a loan from the Mid-State Investment Corporation (defendant) to purchase a home. As part of the loan transaction, the O’Steens assigned the deed to the property to Mid-State in exchange for a contract for deed conditioned upon the O’Steens’ monthly loan payments. The contract provided that, should the O’Steens fail to make any payments, Mid-State retained the option to terminate the contract. In such case, the O’Steens would forfeit all payments already made and Mid-State would have the right to take possession of the property. After the O’Steens failed to make timely payments, a Mid-State agent acted to repossess the home and its contents by entering through a window. Thereafter, Mid-State sold the property. The O’Steens brought suit against Mid-State seeking damages for trespass and conversion of their personal property. The trial court found in favor of the O’Steens on the issue of liability. The judge submitted the issue of damages to the jury, instructing that the measure of damages for trespass is the value of the O’Steens’ property interest at the time of Mid-State’s trespass. The jury awarded $2,750 to the O’Steens. Mid-State appealed.

Rule of Law

Issue

Holding and Reasoning (Carroll, C.J.)

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