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Rose v. Teitler

District Court of Appeal of Florida, Fourth District
Jun 23, 1999
736 So. 2d 122 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2798.

Opinion filed June 23, 1999.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John A. Miller, Judge; L.T. No. 98-2118 12.

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

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


Appellant 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.

Section 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.

Affirmed.

WARNER, KLEIN and TAYLOR, JJ., concur.


Summaries of

Rose v. Teitler

District Court of Appeal of Florida, Fourth District
Jun 23, 1999
736 So. 2d 122 (Fla. Dist. Ct. App. 1999)
Case details for

Rose v. Teitler

Case Details

Full title:TONYA L. ROSE, Appellant, v. SCOTT ZANE TEITLER, and GENERAL ELECTRIC…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 23, 1999

Citations

736 So. 2d 122 (Fla. Dist. Ct. App. 1999)

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