Florida District Courts of Appeal, 1991

Snoddy v. NCNB National Bank of Florida

Snoddy v. NCNB National Bank of Florida
Florida District Courts of Appeal · Decided January 30, 1991 · Garrett, Gunther, Joseph, McNulty
575 So. 2d 231; 1991 Fla. App. LEXIS 564; 1991 WL 7689 (Southern Reporter, Second Series)

Snoddy v. NCNB National Bank of Florida

Opinion of the Court

PER CURIAM.

We affirm. The order awarding appellant attorney’s fees did not create a judgment lien as it was not a recordable instrument. §§ 28.29 and 55.10, Fla.Stat. (1989). Recording the nonrecordable order was a nullity. See Malsby v. Gamble, 61 Fla. 327, 54 So. 766 (Fla. 1911). Appellant had no legal claim to the receivership funds remaining after the foreclosure sale, and therefore no standing to challenge the trial court’s order which disbursed the funds to appellee.

GUNTHER and GARRETT, JJ., and MCNULTY, JOSEPH P„ Associate Judge, concur.

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