ALP Federal Credit Union v. Ashborn

CONNOR, J.,

with whom RABINO-WITZ, J., joins (dissenting):

I dissent.

The undisputed facts of the case demonstrate that: (1) the appellant instructed West Coast to collect the face of thefnote; (2) the appellant instructed West Coast to repossess appellant’s car if unable to collect the face of the note plus interest; (3) the appellant received the return of the sale of the repossessed car from West Coast; (4) West Coast remitted $1,500.00 of the sale price to appellant, retaining $200.00 to cover service charges.

It is apparent from these facts that appellant overtly performed acts making it a…