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SOUTHERN DEVELOPERS & EARTHMOVING, INC. v. CATERPILLAR FINANCIAL SERVICES CORPORATION

Nos. 2D09-6011, 2D10-5669.

56 So.3d 56 (2011)

SOUTHERN DEVELOPERS & EARTHMOVING, INC., a Florida corporation; and R. Anthony Gill, a/k/a Ronald A. Gill, Appellants, v. CATERPILLAR FINANCIAL SERVICES CORPORATION, Appellee.

District Court of Appeal of Florida, Second District.

February 23, 2011.

Attorney(s) appearing for the Case

Joseph R. Fritz , Tampa, for Appellants.

Nicolette C. Vilmos of Broad & Cassel, Orlando, for Appellee.

VILLANTI, Judge.

Southern Developers & Earthmoving, Inc., and R. Anthony Gill, a/k/a Ronald A. Gill, appeal the final summary judgment entered in favor of Caterpillar Financial Services Corporation (CAT) in its action for a deficiency judgment under a promissory note and security agreement covering industrial earthmoving equipment that CAT sold to Southern and subsequently repossessed. Because CAT failed to prove the amount of the deficiency judgment to which...

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