JUAN JOSE DIAZ, APPELLANT,

v.

ONELIO MENDEZ AND NILDA MENENDEZ, APPELLEES

Citator

Cited By

• S. Developers & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp., 56 So. 3d 56 (Fla. 2d DCA 2011)
  …nt the creditor from acquiring the collateral at less than its true value or unfairly understating its value so as to obtain an excessive deficiency judgment.’ ” Burley v. Gelco Corp., 976 So. 2d 97, 100 (Fla. 5th DCA 2008) (quoting Allen v. Coates, 661 So. 2d 879, 884 (Fla. 1st DCA 1995)). If a secured party elects to repossess and resell its collateral, the debtor is liable for any deficiency remaining after the sale as a matter of law. See § 679.608(l)(d); see also Weiner v. Am. Petrofina Mktg., Inc., 482…
• Sackett v. Shahid, 722 So. 2d 273 (Fla. 1st DCA 1998)
  …5). The Uniform Commercial Code, Chapter 678, Florida Statutes (1995), sets forth the requirements for effecting the transfer of corporate securities.3 These provisions apply to stock of closely held corporations such as Shoreline. Allen v. Coates, 661 So. 2d 879, 881-882 (Fla. 1st DCA 1995). Section 678.313(1), Florida Statutes (1995), provides, in relevant part, that: Transfer of a security ... to a purchaser occurs only: (a) at the time the purchaser ... acquires possession of a certificated security;…
• Sorrels v. Rebecca's ICE Cream, Inc., 696 So. 2d 1313 (Fla. 2d DCA 1997)
  …r all of the collateral” by public or private proceedings. Every aspect of the disposition must be “commercially reasonable” and the secured creditor must give the debtor notice of when the sale or other disposition will take place. Allen v. Coates, 661 So. 2d 879 (Fla. 1st DCA 1995). In the instant ease, from the date that appellants turned the premises over to them, appellee continually contacted appellants concerning payment. Over a six-week period, appellee contacted appellants at least every other day,…

Authorities Cited

• Sammie Foster v. State, 380 So. 2d 1081 (Fla. 3d DCA 1980)