Citizens v. Federal Deposit Insurance Corp.

District Court of Appeal of Florida

Citizens v. Federal Deposit Insurance Corp.

602 So. 2d 691, 1992 Fla. App. LEXIS 8858

CourtDistrict Court of Appeal of Florida

DecidedAugust 5, 1992

DocketNo. 91-1068

StatusPublished

Cited by1 cases

This text of 602 So. 2d 691 (Citizens v. Federal Deposit Insurance Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Citizens v. Federal Deposit Insurance Corp., 602 So. 2d 691, 1992 Fla. App. LEXIS 8858 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

The appellant concedes that the trial court erred by concluding that section 697.-07, Florida Statutes, does not apply retroactively. That issue was resolved by this court in Nassau Square Assoc. Ltd. v. Insurance Comm’r of California, 579 So.2d 259 (Fla. 4th DCA 1991).

Here, a mortgagor executed an assignment of rents to a mortgagee. Applying section 697.07 retroactively, the assignment of rents became absolute upon the mortgagor’s default and written demand by the assignee-mortgagee. Section 697.07, Fla. Stat. (1989). Therefore, the appellee was not entitled to garnishment of the rents with respect to which the appellant has a valid and enforceable priority interest. The trial court’s order on the motion to dissolve writ of garnishment is reversed and remanded.

LETTS, STONE and WARNER, JJ., concur.

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PER CURIAM.

The appellant concedes that the trial court erred by concluding that section 697.-07, Florida Statutes, does not apply retroactively. That issue was resolved by this court in Nassau Square Assoc. Ltd. v. Insurance Comm’r of California, 579 So.2d 259 (Fla. 4th DCA 1991).

Here, a mortgagor executed an assignment of rents to a mortgagee. Applying section 697.07 retroactively, the assignment of rents became absolute upon the mortgagor’s default and written demand by the assignee-mortgagee. Section 697.07, Fla. Stat. (1989). Therefore, the appellee was not entitled to garnishment of the rents with respect to which the appellant has a valid and enforceable priority interest. The trial court’s order on the motion to dissolve writ of garnishment is reversed and remanded.

LETTS, STONE and WARNER, JJ., concur.

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Bluebook (online)

602 So. 2d 691, 1992 Fla. App. LEXIS 8858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-v-federal-deposit-insurance-corp-fladistctapp-1992.

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