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SUBURBIA FED. S. & L. ASS'N v. BEL-AIR CONDITIONING

Nos. 79-186, 79-561.

385 So.2d 1151 (1980)

SUBURBIA FEDERAL SAVINGS AND LOAN ASSOCIATION and Irving Krassner, Appellants, v. BEL-AIR CONDITIONING CO., INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

July 9, 1980.

Attorney(s) appearing for the Case

Myron H. Burnstein of Saler, Yeslow & Burnstein, Hollywood, for appellants.

Theodore L. Tripp, Jr. of Tobias Simon, P.A., Miami, for appellee.

HURLEY, Judge.

This case poses the question whether Article 9 of the Uniform Commercial Code, Chapter 679, Florida Statutes (1979) supersedes Section 726.09, Florida Statutes (1979), as they apply to a retain title contract. We answer in the affirmative and therefore reverse the proceedings below.

The facts are without dispute. Prior to March, 1976, Suburbia Federal Savings and Loan Association ("Suburbia") placed a construction mortgage on certain real property...

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