NCNB National Bank of Florida v. Setzer

District Court of Appeal of Florida

NCNB National Bank of Florida v. Setzer

596 So. 2d 508, 1992 Fla. App. LEXIS 4092, 1992 WL 59735

CourtDistrict Court of Appeal of Florida

DecidedMarch 31, 1992

DocketNo. 91-936

StatusPublished

This text of 596 So. 2d 508 (NCNB National Bank of Florida v. Setzer) 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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NCNB National Bank of Florida v. Setzer, 596 So. 2d 508, 1992 Fla. App. LEXIS 4092, 1992 WL 59735 (Fla. Ct. App. 1992).

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Opinion

WOLF, Judge.

NCNB challenges an award of condemnation proceedings to Setzer, the landowner. The property in question was subject to a mortgage in favor of NCNB and a bond indenture which specifically assigned all proceeds from condemnation proceedings to NCNB. Appellee failed to present evidence which would justify ignoring the literal terms of the agreement between the parties.

We find that the trial judge erred in awarding the proceeds to the landowner in contravention of the mortgage contract between the parties. See Canney v. City of St. Petersburg, 466 So.2d 1193 (Fla. 2nd DCA 1985). The decision of the trial court is, therefore, reversed.

BOOTH and KAHN, JJ., concur.

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WOLF, Judge.

NCNB challenges an award of condemnation proceedings to Setzer, the landowner. The property in question was subject to a mortgage in favor of NCNB and a bond indenture which specifically assigned all proceeds from condemnation proceedings to NCNB. Appellee failed to present evidence which would justify ignoring the literal terms of the agreement between the parties.

We find that the trial judge erred in awarding the proceeds to the landowner in contravention of the mortgage contract between the parties. See Canney v. City of St. Petersburg, 466 So.2d 1193 (Fla. 2nd DCA 1985). The decision of the trial court is, therefore, reversed.

BOOTH and KAHN, JJ., concur.

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596 So. 2d 508, 1992 Fla. App. LEXIS 4092, 1992 WL 59735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ncnb-national-bank-of-florida-v-setzer-fladistctapp-1992.

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