Florida District Courts of Appeal, 2014

Synovus Bank v. Walker

Synovus Bank v. Walker
Florida District Courts of Appeal · Decided March 14, 2014 · Marstiller, Nortwick, Wolf
133 So. 3d 656; 2014 WL 997058; 2014 Fla. App. LEXIS 3602 (Southern Reporter, Third Series)

Synovus Bank v. Walker

Opinion of the Court

WOLF, J.

Synovus Bank challenges a final summary judgment of foreclosure entered in favor of Helen K. Walker, trustee of the C. David Walker Trust. We affirm that portion of the summary judgment determining that a valid debt existed and the subordinate status of Synovus’ interest in the property. We conclude, however, that disputed issues of material fact exist concerning the extent certain rents received by the trust from the property at issue should be credited against the amount of outstanding debt. We, therefore, reverse and remand for further proceedings solely for the purpose of determining the amount by *657which the outstanding debt should be reduced.

AFFIRMED IN PART, REVERSED IN PART, and REMANDED.

VAN NORTWICK and MARSTILLER, JJ., concur.

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