BRUER v. SANFORD ATLANTIC NATIONAL BANK

No. 70-868.

247 So.2d 764 (1971)

Vlaho BRUER et al., Appellants, v. The SANFORD ATLANTIC NATIONAL BANK, for the Use and Benefit of Elizabeth A. Paulucci, Appellee.

District Court of Appeal of Florida, Fourth District.

May 14, 1971.


Attorney(s) appearing for the Case

Max F. Morris, of Helliwell, Melrose & DeWolf, Orlando, for appellants.

Robert Dyer, of van den Berg, Gay, Burke & Dyer, Orlando, for appellee.


OWEN, Judge.

This case involves the question of whether appellee Elizabeth Paulucci, as an indorser subrogated to the rights of a secured party under the provisions of F.S. section 679.504(5), F.S.A. (Section 9-504 (5) UCC), was estopped (by virtue of her prior conduct) to assert the secured party's right to take possession of the collateral after default. The trial court answered this in the negative by entering partial summary judgment in favor of the indorser in...

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