Principal Mutual Life Insurance Co. v. Lamb
Florida District Courts of Appeal
Principal Mutual Life Insurance Co. v. Lamb, 552 So. 2d 1156 (1989)
14 Fla. L. Weekly 2584; 1989 Fla. App. LEXIS 6211; 1989 WL 133296
Barkdull, Jorgenson, Nesbitt
Principal Mutual Life Insurance Co. v. Lamb
Opinion of the Court
The trial judge in a mortgage foreclosure action upon an equitable basis, attempted to rewrite the note and mortgage. This he cannot do. Savage v. Horne, 159 Fla. 301, 31 So.2d 477 (Fla. 1947). J.M. Realty Investment Corp. v. Stern, 296 So.2d 588 (Fla. 3d DCA 1974). Therefore, the order denying enforcement is reversed with directions to enter a judgment of foreclosure in favor of the appellant mortgagee.
Reversed and remanded with directions.
Reference
- Full Case Name
- PRINCIPAL MUTUAL LIFE INSURANCE COMPANY f/k/a Bankers Life Company v. Lemuel Curtis LAMB and Felisha Lamb
- Cited By
- 1 case
- Status
- Published