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Fariba v. Dealers Servs. Corp., D053162

In an action involving breach of contract and fraud claims, trial court's judgment in favor of plaintiff is affirmed where: 1) the court properly instructed the jury that plaintiff's interest in his consigned vehicles was superior to that of defendant-secured creditor if the secured creditor had actual knowledge that the used car retailer was substantially engaging in selling vehicles that belonged to others; 2) there is substantial evidence the secured creditor had such knowledge; 3) the court properly instructed the jury on the definition of possession, and there is substantial evidence to support the jury's finding plaintiff had possession of the vehicles; and 4) whether the court erred in granting a directed verdict on plaintiff's fraud and breach of contract claims need not be addressed as the jury's verdict in favor of the plaintiff is upheld. 

Read Fariba v. Dealers Servs. Corp., D053162

Filed October 7, 2009


Opinion by Judge Nares


For Appellant:  Law Offices of Paul D. Turner & Associates, Paul D. Turner, Law Offices of Zvi "Hershy" Silver and Zvi Aria Silver

For Appelle:  Prenovost, Normandin, Bergh and Dawe, Tom R. Normandin, Jr., and Paula M. Harrelson