TONYA L. ROSE, APPELLANT,
v.
SCOTT ZANE TEITLER, AND GENERAL ELECTRIC CAPITAL AUTO FINANCIAL SERVICES, INC., D/B/A GENERAL ELECTRIC CAPITAL AUTO LEASE, APPELLEES
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The court affirmed summary judgment for a vehicle lessor's assignee, holding that financial immunity under Florida's long-term lease statute extends to assignees who receive all rights and interests of the original lessor.
Financial immunity under section 324.021(9), Florida Statutes, extends to a lessor's assignee who receives all interests and rights of the original lessor.
[1] An assignee of a long-term vehicle lessor receives all interests and rights of the original lessor, including statutory financial immunity under section 324.021(9), Flori…
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Join FLexlaw to unlock all legal intelligenceAppellant sued GECAL, the assignee of an original vehicle lessor, for damages arising from an automobile accident involving GECAL's long-term lessee.…
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PER CURIAM.
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.
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LAW Off. OF David J. Stern, P.A. v. Sec. Nat'l Servicing Corp., 969 So. 2d 962 (Fla. 2007)…(citing Dickerson, Inc. v. Federal Deposit Ins. Corp., 244 So. 2d 748, 749 (Fla. 1st DCA 1971); Guaranty Mortgage & Ins. Co. v. Harris, 182 So. 2d 450, 453 (Fla. 1st DCA), rev’d on other grounds, 193 So. 2d 1 (Fla. 1966)); see also Rose v. Teitler, 736 So. 2d 122 (Fla. 4th DCA 1999). Whereas the general assignment of a note and mort [*969] gage conveys to the assignee the rights of the assignor under the note and mortgage (subject to the equities and defenses of the obligor), such an assignment does not impl…
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David Shaw, David G. Shaw D.C., P.A. v. State Farm Fire & Cas. Co., 37 So. 3d 329 (Fla. 5th DCA 2010)…all the interests and rights to the thing assigned.” Lauren Kyle Holdings, Inc. v. Heath-Peterson Const. Corp., 864 So. 2d 55, 58 (Fla. 5th DCA 2003); see also Price v. RLI Ins. Co., 914 So. 2d 1010, [*343] 1013 (Fla. 5th DCA 2005); Rose v. Teitler, 736 So. 2d 122, 122 (Fla. 4th DCA 1999) (“[I]t is well established that an ‘assignment transfers to the assignee all the interests and rights of the assignor in and to the thing assigned.’ ” (quoting Family Bank of Hallandale, 667 So. 2d at 259)). Once assigned, t…
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Lauren Kyle Holdings, Inc. v. Heath-Peterson Constr. Corp., 864 So. 2d 55 (Fla. 5th DCA 2003)…iolated the prohibition against assignment contained in the Peterson contract. An assignment is a transfer of all the interests and rights to the thing assigned. Dept. of Rev. v. Bank of America, 752 So. 2d 637 (Fla. 1st DCA 2000); Rose v. Teitler, 736 So. 2d 122 (Fla. 4th DCA 1999). The assignee thereafter stands in the shoes of the assignor and may enforce the contract against the original obligor in his own name. Dove v. McCormick, 698 So. 2d 585 (Fla. 5th DCA 1997); State Farm Fire and Cas. Co. v. Ray, 5…
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- State v. Fam. Bank OF Hallandale, 667 So. 2d 257 (Fla. 1st DCA 1995)