Court of Appeals of Mississippi December 14, 2004, No. 2003-CA-02064-COA (Ellis Contracting, Inc. v. Komatsu Financial)

BRIDGES, P.J.,

for the Court.

¶ 1. Komatsu Financial financed Ellis Contracting’s purchase of excavating equipment. Ellis defaulted and Komatsu unsuccessfully attempted self-help repossession. Komatsu filed a complaint in re-plevin, to which Ellis answered and counterclaimed. Komatsu subsequently filed a motion for summary judgment.