Moss v. Toole

District Court of Appeal of Florida

Moss v. Toole

845 So. 2d 991, 2003 Fla. App. LEXIS 7542, 2003 WL 21203086

CourtDistrict Court of Appeal of Florida

DecidedMay 23, 2003

DocketNo. 1D02-633

StatusPublished

This text of 845 So. 2d 991 (Moss v. Toole) 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

Moss v. Toole, 845 So. 2d 991, 2003 Fla. App. LEXIS 7542, 2003 WL 21203086 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

This is an appeal of a Final Judgment concerning obligations of the parties to a Mortgage and Mortgage Note in the amount of $150,000.00. We hold that the trial court erred in finding that Appellant defaulted for failing to sign the requested releases. Appellee unilaterally withheld money from his August 1997 payment to Appellant, which was not authorized by the Mortgage or the Note. Appellant is entitled to past unpaid mortgage payments, along with accrued interest.

The trial court also erred in finding that Lot 8 should not be credited against Ap-pellee’s allowable releases. Lot 8, Block C was included in the Mortgage, and Appellant should be allowed credit therefor when that property is released.

REVERSED and REMANDED.

BOOTH, WEBSTER and LEWIS, JJ., concur.

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PER CURIAM.

This is an appeal of a Final Judgment concerning obligations of the parties to a Mortgage and Mortgage Note in the amount of $150,000.00. We hold that the trial court erred in finding that Appellant defaulted for failing to sign the requested releases. Appellee unilaterally withheld money from his August 1997 payment to Appellant, which was not authorized by the Mortgage or the Note. Appellant is entitled to past unpaid mortgage payments, along with accrued interest.

The trial court also erred in finding that Lot 8 should not be credited against Ap-pellee’s allowable releases. Lot 8, Block C was included in the Mortgage, and Appellant should be allowed credit therefor when that property is released.

REVERSED and REMANDED.

BOOTH, WEBSTER and LEWIS, JJ., concur.

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Bluebook (online)

845 So. 2d 991, 2003 Fla. App. LEXIS 7542, 2003 WL 21203086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moss-v-toole-fladistctapp-2003.