Barnett Bank of Volusia County v. Constitution Bank of Philadelphia
Barnett Bank of Volusia County v. Constitution Bank of Philadelphia
658 So. 2d 1054; 1995 Fla. App. LEXIS 6561; 1995 WL 358126
(Southern Reporter, Second Series)
Barnett Bank of Volusia County v. Constitution Bank of Philadelphia
Opinion of the Court
AFFIRMED.
Concurring Opinion
concurring specially.
I have to agree with appellant that it was error to give any legal effect to the failure of Barnett Bank to take a security interest in the personalty of the borrower as a defense to the bank’s action on the guaranty — especially where the guarantors were also the borrowers! However, given the way Barnett chose to plead and prosecute its claim against the individual defendants and given the individual defendants’ evidence as to value of the mortgaged property, this error does not matter.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.