CopyCited 19 times | Published | Florida 3rd District Court of Appeal | 35 U.C.C. Rep. Serv. (West) 678
...Littman, an officer of Park Lane, advised the bank that it had been resold for $850, subject to the bank's lien. The bank was unable to locate either the alleged purchaser or the fork lift. The bank then filed suit seeking damages for violation of sections
818.01 and
818.03, Florida Statutes (1979)....
...311, Florida Statutes (1979) [1] of the Uniform Commercial Code, *638 which allows for transfer of a debtor's rights in collateral notwithstanding a prohibition in the security agreement. Appellants further allege that neither section
818.01 [2] nor
818.03 [3] , on which this action is founded, apply to a successor in interest to the original debtor; that there was no evidence in the instant case establishing the necessary elements set forth in the statutes; and that genuine issues of material fact exist precluding summary judgment....
...mment in Florida Statutes Annotated and an unpublished Florida Attorney General Opinion, No. 071-6, suggesting that such a conflict may exist. At the outset we observe that this court has previously held that a violation of penal statutes
818.01 and
818.03, Florida Statutes, may give rise to a civil cause of action for compensatory and punitive damages as well as criminal penalties....
...orp. v. Cummings, Inc., 595 S.W.2d 922 (Tex.Civ.App. 1980) (secured creditor may sue the debtor's buyer for conversion of the collateral). We think it clear that to the extent of any conflict, the specific statutory provisions of sections
818.01 and
818.03 must prevail over the general terms of section 679.311. Additionally, both section
818.01 and
818.03 were amended following adoption of the UCC and after the unpublished Attorney General Opinion upon which appellants rely, demonstrating that the legislature found no conflict between the provisions. [4] Accordingly, we find no genuine conflict exists between UCC provision 679.311 and sections
818.01 and
818.03 so as to preclude application of the latter in the instant case. Appellants' contention that neither section
818.01 nor
818.03 apply to a successor in interest to the original debtor is likewise without merit. Both sections specifically refer to "whoever" throughout, clearly not limiting their application to an original debtor under a security agreement. Compare sections
818.01 and
818.03 with section
817.562 which makes it actionable fraud to sell or otherwise dispose of secured property, but limits the scope thereof to those persons "having executed a security *640 agreement creating a security interest in personal property." Section
817.562(2), Florida Statutes (1981)....
...Rosenberg was the original debtor. Contrary to appellants' assertion, there is no indication in Rosenberg that the defendant was the original debtor, nor that the decision is so limited. Therefore, its holding that a violation of sections
818.01 and
818.03 is a tort for which compensatory and punitive damages may be awarded applies to the instant case. Although Rosenberg predates the adoption of the UCC in Florida, as stated above, we find no conflict between section 679.311 and sections
818.01 and
818.03 precluding maintenance of the present action. Appellants further contend that even if sections
818.01 and
818.03 have not been repealed and do apply to third party purchasers, the evidence below simply does not support their application in the present case, and in any event, genuine issues of material fact remain for resolution. We agree with appellants' contention that the record fails to support application of section
818.03 in this case....
...ection
818.01 in a criminal setting in Helmig v. State,
330 So.2d 246 (Fla.1st DCA 1976). [5] Rosenberg v. Ryder Leasing, Inc.,
168 So.2d 678 (Fla.3d DCA 1964), holding that a civil suit could be maintained based on a violation of section
818.01 and
818.03, was limited to a determination of whether the complaint therein stated a cause of action, and did not decide what evidence would be sufficient to sustain the action, or the proper amount of damages in a successful suit....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 3517
...rents and proceeds from the property. Ormond Beach later declared bankruptcy. We affirm the dismissal with prejudice of counts 17 through 22, which allege that appellees, in misappropriating the rents from the property, violated sections
818.01 and
818.03, Florida Statutes (1991)....
...f, or to remove said property from the county without the consent of the lien holder, or to hide, conceal or transfer any such property with the intent to defeat, hinder or delay the enforcement of such lien or the recovery of the personal property. Section 818.03, Florida Statutes (1991), makes it a crime to buy, take, receive or remove personal property subject to a lien from the owner or person in possession of the property, without the lien holder's written consent, or to willfully conceal s...
