CopyCited 6 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 33874, 2009 WL 1064839
...Gelco Corp.,
976 So.2d 97, 101 (Fla. 5th Dist.Ct.App.2008). Under Article 9 of the Uniform Commercial Code, as codified in the Florida statute governing default on security obligations, a secured party may take possession of collateral after a default. §
679.609, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 2216, 2011 WL 637332
...Notably, the judgment contains no finding of fact as to whether either sale of the repossessed equipment was conducted in a commercially reasonable manner. Southern and Gill now seek review of this final judgment. Under Article 9 of the Uniform Commercial Code, as codified in section 679.609(1), Florida Statutes (2006), a secured party, such as CAT, may take possession of collateral after a default by the debtor....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 18132, 2015 WL 7782828
...ly outside the context of medical malpractice, 3 the doctrine does not apply to this particular factual scenario. A secured party may take possession of the collateral with or without judicial process if it can be done without a breach of the peace. § 679.609(2)(b), Fla....
...(2012). Creditors electing peaceful repossession over replevin are liable for any negligence during the repossession. See S. Indus. Sav. Bank v. Greene,
224 So.2d 416, 418 (Fla. 3d DCA 1969). A creditor’s duty to repossess peacefully, imposed by section
679.609(2)(b), Florida Statutes,' is a nondelegable duty, and a creditor cannot avoid liability for a tortious repossession by hiring an independent contractor to repossess the vehicle....
...e during a repossession extends to third parties injured during the repossession attempt (citing Sammons,
599 So.2d at 1020 )). Here, BankFirst, as the creditor, had a nondelegable duty 4 to ensure that the repossession did not breach the peace. See §
679.609(2)(b), Fla....
...ring the repossession that breaches the peace). Accordingly, in the *1200 absence of allegations of a breach of the peace, Associated Investigators’ entry, onto the land before March 6, 2012, through Morris, was covered by the limited privilege in section 679.609(2)(b), Florida Statutes....
...Ramada Inn, Inc.,
665 So.2d 268, 270-71 (Fla. 3d DCA 1995). This liability does not extend to all torts committed by the independent contractor, but only to those that breach the nondelegable duty. Id. at 271 (citing Williams v. Wometco Enters.,
287 So.2d 353, 354 (Fla. 3d DCA 1973)). .Section
679.609(2)(b) conveys a limited privilege for the creditor to enter onto the debtor’s land to repossess secured property provided the entry and repossession is without a breach of the peace....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 84 U.C.C. Rep. Serv. 2d (West) 333, 2014 Fla. App. LEXIS 12143, 2014 WL 3871264
...Rather, IBBF can only obtain a deficiency judgment if it can demonstrate to the trial court that the fair market value of the Shares was less than the amount of the debt as of the dates of dispositions. We disagree. Under Article 9 of the Uniform Commercial Code (U.C.C.), as codified in section 679.609(1), Florida Statutes (2009), a secured party, such as IBBF, may take possession of collateral after a debtor’s default....
...Further, contrary to SIT’s position, IBBF is entitled to a money judgment for the full amount of the indebtedness, and is not restricted to seeking a deficiency judgment. The U.C.C. provides that once default has occurred, a secured creditor is authorized to take or retain possession of the collateral. § 679.609(1)(a) & (2), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2013 WL 1748538, 2013 Fla. App. LEXIS 6556
...stitutes a request for hearing as contemplated by subsection
713.585(5), and for further proceedings in accordance with that section. Reversed and Remanded. GROSS, and STONE, BARRY J„ Senior Judge, concur. . The Dealers Association points out that section
679.609 of the Uniform Commercial Code allows a secured party to retake possession of its collateral after default without resorting to judicial process, if it can be done without a breach of the peace....
CopyPublished | Florida 5th District Court of Appeal
...Hohns’ failure to file a lawsuit on the note. In support, the Toyosity
defendants explained that the plain language of the note provides the
mechanism by which Thompson’s interest was transferred to Hohns. The
Toyosity defendants further emphasized that section 679.609(1)(a), Florida
Statutes, supports that transfer, as that section provides that a secured party
may take possession of collateral without judicial process if it proceeds
7
without breach of the peace....
...To the contrary, long-standing
Florida law as applied to the undisputed facts presented in the Brevard
8
County case demonstrate that Thompson had been divested of his interest
in Toyosity by virtue of his default under the note.
Section 679.609, Florida Statutes, provides that, after default, a
secured party may take possession of the collateral without judicial process
“if it proceeds without breach of the peace.” § 679.609(1)(a), (2)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal
...Rather than encouraging parties to resort to self-help remedies,
Florida law has placed limitations on its use.
For example, in article 9 of Florida’s Uniform Commercial Code, self-
help is limited to situations where it can be accomplished without a breach
of the peace. Section 679.609, Florida Statutes (2025), states that after
default, a secured party “[m]ay take possession of the collateral” “[w]ithout
judicial process, if it proceeds without breach of the peace.” §
679.609(1)(a) & (2)(b), Fla....
