RONALD DIAMOND, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Land v. Cessna Aircraft Co., 466 So. 2d 1265 (Fla. 1st DCA 1985)
  …Finance Corporation of Florida, 265 So. 2d 393 (Fla. 1st DCA 1972). Since a deficiency judgment is in derogation of common law, “any right to a deficiency accrues only after strict compliance with the applicable statutes.” Hayes v. Ring Power Corp., 431 So. 2d 226, 228 (Fla. 1st DCA 1983), and cases cited therein; Barnett Bank of Tallahassee v. Campbell, 402 So. 2d 12 (Fla. 1st DCA 1981). The doctrine of election of remedies has application under the code “only where the alternative remedies are repugnant an…

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• Horta v. Flanigan's Enters. Emps. Credit Union, Inc., 488 So. 2d 657 (Fla. 3d DCA 1986)
  …complete defense to the plaintiff’s suit to recover judgment for the deficiency between the [*658] amount due under the note and the amount received through the sale of the collateral. See § 679.504(3), Fla.Stat. (1981) 1; Hayes v. Ring Power Corp., 431 So. 2d 226 (Fla. 1st DCA 1983); Turk v. St. Petersburg Bank and Trust Co., 281 So. 2d 534 (Fla. 2d DCA 1973). But cf. Weiner v. American Petrofina Marketing, Inc., 482 So. 2d 1362 (Fla.1986) (failure to dispose of collateral in a commercially reasonable manner…

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• Peoples Bank OF Polk Cnty. v. Arlis L. Roberts and Nadine Roberts, 779 F.2d 1544 (11th Cir. 1986)
  …one exception, every decision of the Florida district courts of appeal holds a creditor’s failure to give prior notice of a disposition of collateral bars the creditor’s right to a deficiency as a matter of law. See e.g., Hayes v. Ring Power Corp., 431 So. 2d 226 (Fla.Dist.Ct.App.1983) (First District); Dependable Insurance Co. v. Landers, 421 So. 2d 175 (Fla.Dist.Ct.App.1982) (Fifth District); Washington v. First National Bank of Miami, 332 So. 2d 644 (Dist.Ct.App.1976) (Third District); Hep worth v. Orland…