FLA. FIRST NAT. BANK v. MARTIN

No. AO-55.

449 So.2d 861 (1984)

The FLORIDA FIRST NATIONAL BANK AT PENSACOLA, Appellant, v. Phillip MARTIN and Janet K. Martin, Husband and Wife, et al., Appellees.

District Court of Appeal of Florida, First District.

On Rehearing May 10, 1984.


Attorney(s) appearing for the Case

Paul Shimek, Jr., of Shimek & Southerland, Pensacola, for appellant.

H. Edward Moore, Jr., of Sherrill, Moore & Hill, Pensacola, for appellee Pinney.

Kenneth R. Ridlehoover, Pensacola, for appellee Martin.


ZEHMER, Judge.

Appellant, Florida First National Bank at Pensacola, appeals a final summary judgment in favor of appellees on the bank's complaint for "a judgment of deficiency after sale of a security and for foreclosure of additonal security for failure to pay said deficiency." The trial court ruled that the bank is not entitled to a deficiency judgment because the undisputed facts establish that the repossessed property was not disposed of by the bank in a commercially...

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