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HEPWORTH v. ORLANDO BANK & TRUST COMPANY

No. 74-1793.

323 So.2d 41 (1975)

Jack HEPWORTH and Marilyn Hepworth, Appellants, v. The ORLANDO BANK & TRUST COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 29, 1975.

Attorney(s) appearing for the Case

Lionel H. Silberman, Orlando, for appellants.

J. William Stefan, of Andrews, Smathers, Tepper & Kemp, P.A., Orlando, for appellee.

MAGER, Judge.

The issue presented in this appeal is whether a guarantor for the payment of a promissory note secured by collateral is a "debtor"1 under the terms and provisions of the Uniform Commercial Code so as to be entitled upon default of the note to notice prior to the sale or disposition of the collateral; and, if so, whether failure by the secured party to give notice precludes the entry of a deficiency judgment against the guarantor...

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