O'Neal v. First Federal Savings & Loan Ass'n
O'Neal v. First Federal Savings & Loan Ass'n
Opinion of the Court
This is an appeal from a summary final judgment for the appellee in a mortgage foreclosure action.
Appellants obtained a mortgage loan from the appellee for the construction of a dwelling house on their property. The construction loan agreement provided for periodic inspections by appellee and that scheduled disbursements of funds could be withheld until defective construction was corrected.
The affidavit of appellant-O’Neal stated that at or before the time he and his wife signed the Procedure and Construction
Paragraph 14 of said Agreement provides as follows: “Approval of Workmanship and Materials — The Association has the right to disapprove defective work and material and may withhold payments until defects are corrected.”
The appellants contend there was a parol agreement and that the same should not be barred by the Parole Evidence Rule.
The record discloses that the alleged pa-rol agreement would modify said Construction Loan Agreement and place upon the appellee a burden of inspection not embraced or contemplated in the written agreement. 13 Fla.Jur., Evidence, § 383.
By this ruling the other questions raised are rendered moot.
The judgment appealed is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.