Florida District Courts of Appeal, 1986

New Port Largo, Inc. v. Munz

Florida District Courts of Appeal · Decided July 29, 1986 · Ferguson, Nesbitt, Schwartz

498 So. 2d 450; 11 Fla. L. Weekly 1644; 1986 Fla. App. LEXIS 9086 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Barnes v. Resolution Trust Corp. (Fla. Dist. Ct. App. 1995)
Jefferson Bank & Trust v. Levy (Fla. Dist. Ct. App. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

On this appeal by a second mortgagor, we find no error in the determinations below accelerating the debt and ordering foreclosure of the mortgage in question. See David v. Sun Federal Savings & Loan Association, 461 So.2d 93 (Fla. 1984). We find, however, that the payments already made entitle the appellant to a release from the instant mortgage1 of the two acres of the property described in paragraph 5 of the release addendum. See Tampa Federal Savings & Loan Association v. Aeon, Inc., 403 So.2d 1002 (Fla. 2d DCA 1981). Accordingly, the final judgment of foreclosure shall be amended after remand to exclude those two acres. The judgment under review is otherwise affirmed.

Affirmed as amended.

. Of course, this ruling has no effect upon the application of the first mortgage to all the subject property.

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