Southeast First National Bank v. Fowler

Florida Circuit Courts

Southeast First National Bank v. Fowler

4 Fla. Supp. 2d 139

CourtCircuit Court for the Judicial Circuits of Florida

DecidedJuly 18, 1983

DocketCase No. 82-239-AP

StatusPublished

This text of 4 Fla. Supp. 2d 139 (Southeast First National Bank v. Fowler) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southeast First National Bank v. Fowler, 4 Fla. Supp. 2d 139 (Fla. Super. Ct. 1983).

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Opinion

SALMON, J.

The issue in this case is whether the Appellant is entitled to a “deficiency judgment”. We hold that it is, and reverse.

This case is governed by the Uniform Commercial Code (the “Code”). The method of sale employed in this case, private, is provided for in the Code. When the collateral is disposed of by private sale, the Code, Florida Statutes Section 679.504(3), provides the debtor need be notified of the time after which a private sale will be held. This was done in this case. Having complied with the Code, the Appellant was privileged to dispose of the collateral at private sale.

There is nothing in the record to suggest that the sale was commercially unreasonable. The claim that the Appellee’s vehicle was financed on a retail basis requires disposition on a retail bais has no support in law.

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SALMON, J.

The issue in this case is whether the Appellant is entitled to a “deficiency judgment”. We hold that it is, and reverse.

This case is governed by the Uniform Commercial Code (the “Code”). The method of sale employed in this case, private, is provided for in the Code. When the collateral is disposed of by private sale, the Code, Florida Statutes Section 679.504(3), provides the debtor need be notified of the time after which a private sale will be held. This was done in this case. Having complied with the Code, the Appellant was privileged to dispose of the collateral at private sale.

There is nothing in the record to suggest that the sale was commercially unreasonable. The claim that the Appellee’s vehicle was financed on a retail basis requires disposition on a retail bais has no support in law.

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Bluebook (online)

4 Fla. Supp. 2d 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southeast-first-national-bank-v-fowler-flacirct-1983.