Unformatted text preview: ry judgment motion.
Id. at 640-41. We believe this opinion is fully consistent with the views of the Florida
Supreme Court expressed in Northside [*1021] Motors, and the strong public policy of
this state against actions constituting a breach of the peace, whether in a commercial
setting or otherwise.
Under the circumstances, we agree with appellant that it was error for the trial court
[**9] 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 only. Of course, the
parties are entitled to a trial to determine what actually took place. We remand for a new
trial on the issue of whether the appellee breached the duty imposed upon it under the
provisions of section 679.503, and for further proceedings in accordance herewith.
GLICKSTEIN, C.J., and LETTS, J., concur. 26 27 Case # 7 BENNETT v. GODFATHER'S PIZZA, INC.
JENNIFER BENNETT, etc., et al., Appellants, v. GODFATHER'S PIZZA, INC., etc.,
Case No. 89-1110
Court of Appeal of Florida, Third District
570 So. 2d 1351; 1990 Fla. App. LEXIS 8635; 15 Fla. Law W. D 2778
November 13, 1990, Filed
SUBSEQUENT HISTORY: [**1] Rehearing Denied January 9, 1991. Released for
Publication January 9, 1991.
An Appeal from the Circuit Court of Dade County, Steven D. Robinson, Judge.
COUNSEL: Ress, Mintz & Truppman and Mark J. Mintz, for appellants. Wolpe,
Leibowitz, Berger & Brotman and Steven R. Berger, Bradley H. Trushin, for appellee.
JUDGES: Barkdull, Levy and Goderich, JJ.
OPINIONBY: PER CURIAM
OPINION: [*1352] The plaintiffs appeal the trial court's dismissal of several counts of
their complaint with prejudice for failure to state a cause of action. We affirm.
Carlos Lopez, an employee of Godfather's Pizza [Godfather's], was cleaning Godfather's
after it closed. After cleaning the restaurant, Lopez left Godfather's premises with beer
which he obtained from Godfather's. Th...
View Full Document
This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08