BIANCA GERONAZZO, APPELLANT,
v.
ARTHUR SAVIANO, PATRICIA SAVIANO, AND CIRO GENTILE, APPELLEES
Explore caselaw by topic → Browse Foreclosure Of Chattel Mortgage cases and more on FLexlaw
PER CURIAM.
These are consolidated appeals from a final summary judgment denying the appellant’s action to foreclose a chattel mortgage. We reverse. There is evidence in the record that the appellees violated the terms of a security agreement which prohibited the sale of the secured property without the consent of the appellant. The appellees, in this court and below, have raised issues as to the enforceability of this provision under the factual circumstances of this case and as to waiver and estoppel. However, on the present record we cannot say that the appellees are entitled to prevail as a matter of law. Rather, the record reflects triable issues as to the entitlement of appellant to foreclose and the theories of defense asserted by the appellees. See, e.g., Campbell v. Werner, 232 So. 2d 252 (Fla. 3d DCA 1970).
Accordingly, this cause is reversed for further proceedings consistent herewith.
ANSTEAD, GLICKSTEIN and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Campbell v. Werner, 232 So. 2d 252 (Fla. 3d DCA 1970)
- The City OF Pensacola v. Blanchard, 232 So. 2d 252 (Fla. 1st DCA 1970)