ANTHONY MIDDLETON, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• S. Developers & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp., 56 So. 3d 56 (Fla. 2d DCA 2011)
  …is in place “ ‘to protect the debtor, because [it] help[s] prevent 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…
• Tropical Jewelers Inc. v. Bank OF Am., N.A., 19 So. 3d 424 (Fla. 3d DCA 2009)
  …ercially unreasonable fashion and was not entitled to a deficiency judgment. The trial court also found that the appellants failed to prove any resulting damages. The question of commercial reasonableness is an issue of fact. Burley v. Gelco Corp., 976 So. 2d 97, 100 (Fla. 5th DCA 2008); see also Tropical II, 781 So. 2d at 394 (holding that disputed factual questions regarding the commercial reasonableness of the disposition of collateral was sufficient to preclude summary judgment). Moreover, “[w]hen a cau…
• Spellman v. Indep. Bankers' Bank OF Fla., 161 So. 3d 505 (Fla. 5th DCA 2014)
  …uence. But once the creditor repossesses the collateral, he cannot refuse to sell it; he must take it in satisfaction of the debt or dispose of it in a commercially reasonable manner and credit the debtor’s account. See, e.g., Burley v. Gelco Corp., 976 So. 2d 97, 100 (Fla. 5th DCA 2008); Keller v. La Rissa, Inc., 60 Haw. 1, 586 P. 2d 1017, 1020 (1978). A commercially reasonable disposition may include a judicial sale after the collateral has been repossessed, so long as the sale is not unduly delayed and th…