Legal Opinion

Witchell v. Londono

District Court of Appeal of Florida

Decided February 6, 1998No. 96-2681PublishedCited by 3 opinions

1Opinion of the Court

VAN NORTWICK, Judge.

Barry Witchell seeks review of a final judgment assessing damages against him in the amount of $575,855.52 for sums due J.H. Londono, appellee, under a promissory note. Witchell challenges (i) the trial court’s failure to apply the proceeds of the sale of collateral on a pro rata basis to reduce the indebtedness under two promissory notes secured by the collateral, and (ii) the trial court’s use of an allegedly inadmissible appraisal report to determine the value of the collateral. We affirm in part and reverse in part.

Factual and Procedural Background

The circumstances…

2Cases cited7 opinions

  1. Forester v. Norman Roger Jewell & Brooks Intern., Inc.District Court of Appeal of Florida · 1992
  2. Thunderbird, Ltd. v. Great Am. Ins. Co.District Court of Appeal of Florida · 1990
  3. Salvage & Surplus, Inc. v. WeintraubDistrict Court of Appeal of Florida · 1961
  4. Bradley v. WaldropDistrict Court of Appeal of Florida · 1992
  5. Mercury Marine Div. of Brunswick Corp. v. Boat Town USA, Inc.District Court of Appeal of Florida · 1984

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3Cited by3 opinions

  1. Liggett Group, Inc. v. EngleDistrict Court of Appeal of Florida · 2003
  2. Knauss v. DwekDistrict Court, D. New Jersey · 2003
  3. Back Bay at Carillon LLC v. Quality Properties Asset Management Co.District Court of Appeal of Florida · 2013

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