New Port Largo, Inc. v. Munz

District Court of Appeal of Florida

New Port Largo, Inc. v. Munz

498 So. 2d 450, 11 Fla. L. Weekly 1644, 1986 Fla. App. LEXIS 9086

CourtDistrict Court of Appeal of Florida

DecidedJuly 29, 1986

DocketNo. 85-2389

StatusPublished

Cited by2 cases

This text of 498 So. 2d 450 (New Port Largo, Inc. v. Munz) 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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New Port Largo, Inc. v. Munz, 498 So. 2d 450, 11 Fla. L. Weekly 1644, 1986 Fla. App. LEXIS 9086 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

On this appeal by a second mortgagor, we find no error in the determinations below accelerating the debt and ordering foreclosure of the mortgage in question. See David v. Sun Federal Savings & Loan Association, 461 So.2d 93 (Fla.1984). We find, however, that the payments already made entitle the appellant to a release from the instant mortgage¹ of the two acres of the property described in paragraph 5 of the release addendum. See Tampa Federal Savings & Loan Association v. Aeon, Inc., 403 So.2d 1002 (Fla. 2d DCA 1981). Accordingly, the final judgment of foreclosure shall be amended after remand to exclude those two acres. The judgment under review is otherwise affirmed.

Affirmed as amended.

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PER CURIAM.

On this appeal by a second mortgagor, we find no error in the determinations below accelerating the debt and ordering foreclosure of the mortgage in question. See David v. Sun Federal Savings & Loan Association, 461 So.2d 93 (Fla.1984). We find, however, that the payments already made entitle the appellant to a release from the instant mortgage¹ of the two acres of the property described in paragraph 5 of the release addendum. See Tampa Federal Savings & Loan Association v. Aeon, Inc., 403 So.2d 1002 (Fla. 2d DCA 1981). Accordingly, the final judgment of foreclosure shall be amended after remand to exclude those two acres. The judgment under review is otherwise affirmed.

Affirmed as amended.

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498 So. 2d 450, 11 Fla. L. Weekly 1644, 1986 Fla. App. LEXIS 9086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-port-largo-inc-v-munz-fladistctapp-1986.

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