Florida District Courts of Appeal, 2016

Branch Banking & Trust Co. v. Taylor

Branch Banking & Trust Co. v. Taylor
Florida District Courts of Appeal · Decided October 13, 2016 · Lewis, Osterhaus, Wolf
200 So. 3d 1302; 2016 Fla. App. LEXIS 15147; 2016 WL 6246566 (Southern Reporter, Third Series)

Branch Banking & Trust Co. v. Taylor

Opinion of the Court

WOLF, J.

In this mortgage foreclosure action, the trial court granted appellant’s motion for summary judgment but awarded appellant only the past due amount and not the accelerated amount of appellee Edra Taylor’s note and mortgage.

Appellant alleges the trial court erroneously believed appellant was required to specifically plead that all conditions precedent to acceleration had occurred in order to be awarded the accelerated amount of damages. Even if such a requirement exists, counsel for appellee conceded that appellant had completed all conditions precedent to requesting the accelerated amount.

Therefore, we REVERSE and REMAND for the trial court to grant appellant’s motion for summary judgment and award appellant both the past due amount and the accelerated amount of appellee’s note and mortgage.

LEWIS and OSTERHAUS, JJ., concur.

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