Brandt v. Dugent Liquidating Trust

The deadline to cure the default under the note fell on a Sunday. I would hold that the deadline carried over to the next business day, Monday. That being so, Du-gent acted one day prematurely in seizing the collateral (the assets and business of Firestone Publishing, Inc.) on Monday morning.

This means that Firestone was still in the lawful possession of its business assets on Monday afternoon, when it executed an assignment for the benefit of creditors under chapter 727, Florida Statutes, and appointed appellant William A. Brandt, Jr. as assignee to marshall the assets for the benefit of the…