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· 5/5/2010

Rayfield Investment Co. v. Kreps

Citations

  • 35 So. 3d 63
  • 72 U.C.C. Rep. Serv. 2d (West) 110
  • 2010 Fla. App. LEXIS 6149
  • 2010 WL 1779891

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the Exception was not satisfied where consigned goods did not exceed 15% of inventory because a minimum of 20% is the \rule of thumb\
  • finding that a creditor with a perfected security interest had a superior interest in inventory to that of a consignor
  • explaining that \[t]he cases follow a general rule of thumb that consignees are not considered to be substantially engaged in selling the goods of others unless they hold at least 20% of inventory on a consignment basis\
  • “The Florida UCC explicitly provides that a perfected security interest in goods takes priority over all subsequently perfected and unperfected security interests in the same goods.”
  • “The Florida UCC explicitly provides that a perfected security interest in goods takes priority over all subsequently perfected and unperfected security interests in the same goods.”
  • “The rules for acquiring and enforcing security interests were not written to permit individualized justice and equity contrary to their requirements. . . . The statutes give us no authority to refuse to enforce priorities under UCC Article 9 . . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Farmer, Hazouri

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.