Legal Opinion
Gepetto's Tale O' Whale of Fort Lauderdale, Inc. v. Landmark First National Bank of Fort Lauderdale
District Court of Appeal of Florida
Decided January 22, 1986No. 85-1112PublishedCited by 2 opinions
1Opinion of the Court
HURLEY, Judge.
The secured creditor in this UCC case failed to comply with the code’s requirement of reasonable notice of sale of repossessed collateral. We adhere to the rule that a creditor who fails to abide by the *1283statutory notice requirement is not entitled to a deficiency judgment, and, consequently, we reverse.
Gepetto’s Tale 0’ The Whale of Fort Lauderdale, Inc. (Gepetto’s/debtor) borrowed $100,000 from the Landmark First National Bank of Fort Lauderdale (bank/secured creditor). The transaction was evidenced by a promissory note and a security agreement in which Gepetto’s pledged its…
2Cases cited21 opinions
- Norton v. Nat. Bank of Commerce of Pine BluffSupreme Court of Arkansas · 1966
- Mallicoat v. Volunteer Finance & Loan Corp.Court of Appeals of Tennessee · 1966
- Community Manage. Ass'n of Colorado Sp. v. TousleyColorado Court of Appeals · 1973
- Weaver v. O'Meara Motor CompanyAlaska Supreme Court · 1969
- T & W Ice Cream, Inc. v. Carriage Barn, Inc.New Jersey Superior Court Appellate Division · 1969
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3Cited by2 opinions
- Landmark First Nat. Bank v. Gepetto'sSupreme Court of Florida · 1986
- Ingersoll-Rand Financial Corp. v. Atlantic Management & Consulting Corp.District Court, D. New Jersey · 1989