WESTERN SURETY COMPANY
v.
MANHEIM REMARKETING, INC.

Fla. 6th DCA | 2026-11-06
No. 2025-3170
Swenson, J., Mize, J., Brownlee, J., Kamoutsas, J.
2026 FL 15075 Florida District Court of Appeal, Sixth District (2026)

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Holding

A motor vehicle auction operator is a person in a wholesale transaction who suffered a loss as a result of a dealer's failure to comply with the conditions of a written contract and is therefore entitled to recover under the bond.


Headnotes

[1] A motor vehicle auction operator is a person in a wholesale transaction entitled to recover under a dealer bond for losses resulting from a dealer's failure to comply wit…

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Key Quotes

“was a 'person in a wholesale transaction who suffered a loss as a result of the failure of the dealer to comply with the conditions of its written contract' entitled to recover under the bond”

The court cited Dealers Ins. Co., Inc. v. Centennial Cas. Co., 644 So. 2d 571, 572-73 (Fla. 5th DCA 1994), establishing the standard for bond recovery by motor vehicle auction operators.

Facts & Procedural History

Western Surety Company appealed a judgment in favor of Manheim Remarketing, Inc., a motor vehicle auction operator, regarding recovery under a dealer …

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Opinion of the Court

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 6D2025-3170 Lower Tribunal No. 2024-CA-001492

WESTERN SURETY COMPANY, Appellant, v. MANHEIM REMARKETING, INC., Appellee.

Appeal from the Circuit Court for Polk County. Jennifer A. Swenson, Judge.

November 6, 2026

PER CURIAM.

AFFIRMED. See Dealers Ins. Co., Inc. v. Centennial Cas. Co., 644 So. 2d 571, 572-73 (Fla. 5th DCA 1994) (holding motor vehicle auction operator “was a 'person in a wholesale transaction who suffered a loss as a result of the failure of the dealer to comply with the conditions of its written contract' entitled to recover under the bond" (footnote omitted)), disapproved of on other grounds, Nichols v. Preferred Nat'l Ins. Co., 704 So. 2d 1371, 1373-74 (Fla. 1997); see also Dealers Ins. Co., Inc. v. Fla. Auto Auction of Orlando, 646 So. 2d 299 (Mem.) (Fla. 5th DCA 1994) (“The legal issues in this case are indistinguishable from those in Dealers Insurance

Company v. Centennial Casualty Co., 644 So. 2d 571 (Fla. 5th DCA 1994). Accordingly, we affirm the judgment, . . . .").

MIZE, BROWNLEE and KAMOUTSAS, JJ., concur.

Elizabeth A. Pearce and Matthew G. Davis, of Paskert Divers Thompson, P.A., Tampa, for Appellant.

Val Leppert and Ross Linzer, of King & Spalding LLP, Miami, for Appellee.

Zoe Beiner, of King & Spalding LLP, Washington, D.C., Pro Hac Vice, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

AND DISPOSITION THEREOF IF TIMELY FILED


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