Johnson v. Evans

District Court of Appeal of Florida

Johnson v. Evans

750 So. 2d 663, 1999 Fla. App. LEXIS 16583, 1999 WL 1112069

CourtDistrict Court of Appeal of Florida

DecidedDecember 8, 1999

DocketNo. 99-579

StatusPublished

This text of 750 So. 2d 663 (Johnson v. Evans) 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

Johnson v. Evans, 750 So. 2d 663, 1999 Fla. App. LEXIS 16583, 1999 WL 1112069 (Fla. Ct. App. 1999).

Pincite

Opinion

PER CURIAM.

This is an appeal from a summary judgment in a foreclosure suit brought by the lender, appellee James D. Evans.

The borrower was Canaan Missionary Baptist Church. & Religious Center, Inc., which defaulted in the foreclosure action. Appellant Bess Johnson is an officer and director of the corporation (who also made a loan to the church), who contends that the church pastor and corporate president, Thedford Johnson, did not have authority, or at least properly documented authority, to enter into the mortgage loan transaction.

First, we do not see how Ms. Johnson has standing to raise this defense on behalf of the church, which was joined as a defendant and has defaulted. Second, assuming that hurdle could be surmounted, we think affirmance is called for under the logic of Ocean Bank of Miami v. Inv-Uni Investment Corp., 599 So.2d 694 (Fla. 3d DCA 1992).

Affirmed.

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