Florida District Courts of Appeal, 1989

Gamma Development Corp. v. American Pioneer Savings Bank

Gamma Development Corp. v. American Pioneer Savings Bank
Florida District Courts of Appeal · Decided November 1, 1989 · Dell, Downey, Stone
553 So. 2d 212; 14 Fla. L. Weekly 2530; 1989 Fla. App. LEXIS 6061; 1989 WL 129011 (Southern Reporter, Second Series)

Gamma Development Corp. v. American Pioneer Savings Bank

Opinion of the Court

PER CURIAM.

The final judgment is affirmed. The trial court did not err by concluding that the American mortgage was superior in priority to the Gamma mortgage. Cf. Southern Floridabank Federal Savings and Loan Association v. Buscemi, 529 So.2d 303 (Fla. 4th DCA 1988). Additionally, upon a review of the record, we cannot say that it was an abuse of discretion for the court to find that the value of the mortgaged property and the proceeds from its sale were less than the amount that Gamma would have been required to tender if it had exercised its right of redemption. We do not address the now mooted alternative finding by the trial court that Gamma had lost or abandoned its right of redemption.

DOWNEY, DELL and STONE, JJ., concur.

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