Moore v. Wells Fargo Construction

OPINION ON REHEARING

NAJAM, Judge.

Moore has filed a petition for rehearing, asking us to reconsider our holding that Moore waived the argument that CIT'"s sale of the Excavator was not conducted in a commercially reasonable manner. In particular, Moore argues that he was statutorily barred from waiving his right to a commercially reasonable sale of collateral. 1 Although Moore did not directly or indirectly make this argument in his Appellant's Brief, on review we agree with Moore that, under the Uniform Commercial Code, he could not have waived the right to a commercially reasonable sale of…