Gamma Development Corp. v. American Pioneer Savings Bank

District Court of Appeal of Florida

Gamma Development Corp. v. American Pioneer Savings Bank

553 So. 2d 212, 14 Fla. L. Weekly 2530, 1989 Fla. App. LEXIS 6061, 1989 WL 129011

CourtDistrict Court of Appeal of Florida

DecidedNovember 1, 1989

DocketNo. 88-1645

StatusPublished

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This text of 553 So. 2d 212 (Gamma Development Corp. v. American Pioneer Savings Bank) 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.

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Gamma Development Corp. v. American Pioneer Savings Bank, 553 So. 2d 212, 14 Fla. L. Weekly 2530, 1989 Fla. App. LEXIS 6061, 1989 WL 129011 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

The final judgment is affirmed. The trial court did not err by concluding that the American mortgage was superior in priority to the Gamma mortgage. Cf. Southern Floridabank Federal Savings and Loan Association v. Buscemi, 529 So.2d 303 (Fla. 4th DCA 1988). Additionally, upon a review of the record, we cannot say that it was an abuse of discretion for the court to find that the value of the mortgaged property and the proceeds from its sale were less than the amount that Gamma would have been required to tender if it had exercised its right of redemption. We do not address the now mooted alternative finding by the trial court that Gamma had lost or abandoned its right of redemption.

DOWNEY, DELL and STONE, JJ., concur.

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PER CURIAM.

The final judgment is affirmed. The trial court did not err by concluding that the American mortgage was superior in priority to the Gamma mortgage. Cf. Southern Floridabank Federal Savings and Loan Association v. Buscemi, 529 So.2d 303 (Fla. 4th DCA 1988). Additionally, upon a review of the record, we cannot say that it was an abuse of discretion for the court to find that the value of the mortgaged property and the proceeds from its sale were less than the amount that Gamma would have been required to tender if it had exercised its right of redemption. We do not address the now mooted alternative finding by the trial court that Gamma had lost or abandoned its right of redemption.

DOWNEY, DELL and STONE, JJ., concur.

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553 So. 2d 212, 14 Fla. L. Weekly 2530, 1989 Fla. App. LEXIS 6061, 1989 WL 129011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gamma-development-corp-v-american-pioneer-savings-bank-fladistctapp-1989.

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