Under the circumstances we agree with appellant that

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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., Appellee 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. PRIOR HISTORY: An Appeal from the Circuit Court of Dade County, Steven D. Robinson, Judge. DISPOSITION: AFFIRMED. 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...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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