Latour Auto Sales, Inc. v. Stromberg-Carlson Leasing Corp., STROMBERG-CARLSON
| Decision Date | 02 June 1976 |
| Docket Number | STROMBERG-CARLSON,No. 75--998,75--998 |
| Citation | 335 So.2d 600 |
| Parties | LATOUR AUTO SALES, INC., and Luis Latour, Appellants, v.LEASING CORPORATION, f/k/a Arcata Leasing Corporation, a corporation, Appellee. |
| Court | Florida District Court of Appeals |
Shalle Stephen Fine and Steven R. Brownstein, Miami, for appellants.
Cunningham & Weinstein and Alan L. Weisberg, Miami, for appellee.
Before PEARSON, HENDRY and NATHAN, JJ.
This is an appeal by Latour Auto Sales, Inc., and Luis Latour, defendants in the trial court, from a summary final judgment in favor of the plaintiff, Stromberg-Carlson Leasing Corporation, f/k/a Arcata Leasing Corporation, for the sum of $44,263.13, (Forty Four Thousand Two Hundred Sixty Three and 13/100 Dollars), in a breach of contract action.
Stromberg-Carlson sued Latour Auto Sales, Inc., and Louis Latour individually for damages growing out of a 120-month lease for certain equipment, including amplifiers, speakers and a paging adapter, at a rate of $404.82 (Four Hundred Four and 82/100) per month plus a deposit in the amount of $842.02 (Eight Hundred Forty Two and 02/100) to cover the first and last payments. The equipment lease agreement was entered into by and between the plaintiff and Latour Auto Sales, Inc., and a 'continuing guaranty agreement' was entered into by and between the plaintiff and Louis Latour, individually. The defendants defaulted without making any payments (except the deposit), whereupon Stromberg-Carlson repossessed the equipment and sold it for $4,363.83 (Four Thousand Three Hundred Sixty Three and 83/100). It then filed a complaint for damages under the lease. The defendants' answer generally denied the allegations in the complaint and asserted that the amount of damages claimed was excessive. The trial court entered summary final judgment for the plaintiff for the accelerated monthly payments, deducting only the amount recovered in the sale of the equipment.
On appeal, the defendants contend that there were genuine issues of material fact which precluded summary judgment. The record reflects, however, that the defendants failed to present affidavits or any other evidence in the trial court raising the matters they now assert, in opposition to summary judgment. On motion for summary judgment, if the movant sustains his initial burden of proof, the opponent then has the burden of coming forward with evidence establishing genuine material factual issues. Where as here the opponent fails to come forward with any affidavit or other proof in opposition to the motion for summary judgment, the movant need only establish a prima facie case,...
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