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BROWARD BANK v. SAMMONS

No. 94-2358.

648 So.2d 1264 (1995)

BROWARD BANK, Appellant, v. Denver SAMMONS and Jacqueline Sammons, Appellees.

District Court of Appeal of Florida, Fourth District.

February 1, 1995.

Attorney(s) appearing for the Case

G. Bart Billbrough and Geoffrey B. Marks, Walton Lantaff Schroeder & Carson, Miami, for appellant.

Robert T. Goodman, Robert T. Goodman, P.A., and Mark H. Shore of Mark H. Shore, P.A., Fort Lauderdale, for appellees.

PER CURIAM.

In Sammons v. Broward Bank, 599 So.2d 1018 (Fla. 4th DCA 1992), this court held:

Under the circumstances, we agree with appellant that it was error for the trial court to instruct the jury that the bank's liability was contingent upon a jury finding that repossession is an inherently dangerous activity. Under the case law set out above, the bank had a nondelegable duty to repossess by peaceable means...

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