Florida/Georgia Personal Injury & Workers Compensation

...he secured party bears the "burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this part." § 679.626(2), Fla. Stat.; Burley, 976 So.2d at 100. Commercial reasonableness is defined in § 679.627(2), Florida Statutes: A disposition of collateral is made in a commercially reasonable manner if the disposition is made: (a) In the usual manner on any recognized market; (b) At the price current in any recognized market at the time of th...

...A debtor need not affirmatively establish commercial unreasonableness, and Plaintiff cites no authority suggesting that Florida Statutes § 679.626 has been or should be interpreted to impose such a requirement. In support of its argument, Plaintiff cites § 679.627(1), Florida Statutes....

...However, that provision states only that The fact that a greater amount could have been obtained by a disposition ... at a different time or in a different method ... is not of itself sufficient to preclude the secured party from establishing that the disposition ... was made in a commercially reasonable manner. § 679.627(1), Florida Statutes....

...See Weiner, 482 So.2d at 1364 . As applicable to this case, “commercial reasonableness” is defined as a disposition “in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.” § 679.627(2)(e)....

...Whether the notice was adequate is a question of fact. See § 679.613(2), Fla. Stat (2005). Not only did the trial court find that the notice was insufficient, but also it went further and addressed whether the sale was conducted in a commercially reasonable manner in accordance with sections 679.627(1) and (2), Florida Statutes....

...plains what usually occurs; it provides no facts from which it could be determined that the vehicles were disposed of "in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition." § 679.627(2)(c), Fla....

...Burley could properly seek the protections afforded by the U.C.C. because a guarantor is a debtor for Article 9 purposes. Tropical Jewelers, Inc. v. Nationsbank, N.A. (South), 781 So.2d 392, 394 (Fla. 3d DCA 2000). [3] As previously indicated, sections 679.627(1) and (2), Florida Statutes, control the determination of whether disposition of collateral is made in a reasonable commercial manner. Specifically, the concept of "recognized markets," as used in sections 679.627(2)(a) and (2)(b), is "quite limited" and applies "only to markets in which there are standardized price quotations for property that is essentially fungible, such as stock exchanges." U.C.C....

...ially unreasonable fashion. We affirm on all other points. Affirmed. . The Notes were originally issued to the Bank’s predecessors in interest, NationsBank, N.A. (South) and Intercontinental Bank, N.A. . This statute has been renumbered and is now section 679.627, Florida Statutes (2009).

...Disposition of collateral is commercially reasonable if it is made in the usual manner in a recognized market, made at the price current in any recognized market at the time of the disposition, or otherwise in conformity with reasonable practices among dealers in the type of property being disposed. § 679.627(2), Fla....

...2009) (noting the defendants placed in issue the commercial reasonableness of the sell, “which would shift the burden to Plaintiff to prove that its sales were in fact commercially reasonable . . .”). Here, Appellee never placed Ford’s compliance with section 679.627(2), Florida Statutes, in issue....