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Legal Opinion

Lloyd v. Brenbemuehl

District Court of Appeal of Florida

Decided July 24, 1998No. 97-2220Published

1Opinion of the Court

PETERSON, Judge.

Charles A. Lloyd appeals a declaratory judgment proclaiming subsection 85.031(2), Florida Statutes (1995), constitutional. The statute provides a creditor with a procedure to follow in order to conduct a public sale of property subject to a lien without judicial proceedings under certain conditions. Lloyd’s three thoroughbred horses were sold at a public sale held by Danzel Brendemuehl for recovery of fees owed to him for the care of Lloyd’s horses. Lloyd had attempted to make payment with a cheek but his check was returned for insufficient funds. We affirm.

Section 713.65,…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
  2. Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
  3. Virginia v. RivesSupreme Court of the United States · 1880
  4. Evans v. AbneySupreme Court of the United States · 1970
  5. Northside Motors of Florida, Inc. v. BrinkleySupreme Court of Florida · 1973

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