Florida District Courts of Appeal, 1989

Principal Mutual Life Insurance Co. v. Lamb

Principal Mutual Life Insurance Co. v. Lamb
Florida District Courts of Appeal · Decided November 7, 1989 · Barkdull, Jorgenson, Nesbitt
552 So. 2d 1156; 14 Fla. L. Weekly 2584; 1989 Fla. App. LEXIS 6211; 1989 WL 133296 (Southern Reporter, Second Series)

Principal Mutual Life Insurance Co. v. Lamb

Opinion of the Court

PER CURIAM.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.