Principal Mutual Life Insurance Co. v. Lamb

District Court of Appeal of Florida

Principal Mutual Life Insurance Co. v. Lamb

552 So. 2d 1156, 14 Fla. L. Weekly 2584, 1989 Fla. App. LEXIS 6211, 1989 WL 133296

District Court of Appeal of Florida·Decided November 7, 1989·No. No. 89-775·Published·Cited by 1 cases

Opinion

PER CURIAM.

The trial judge in a mortgage foreclosure action upon an equitable basis, attempted to rewrite the note and mortgage. This he cannot do. Savage v. Horne, 159 Fla. 301, 31 So.2d 477 (Fla.1947). J.M. Realty Investment Corp. v. Stern, 296 So.2d 588 (Fla. 3d DCA 1974). Therefore, the order denying enforcement is reversed with directions to enter a judgment of foreclosure in favor of the appellant mortgagee.

Reversed and remanded with directions.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The trial judge in a mortgage foreclosure action upon an equitable basis, attempted to rewrite the note and mortgage. This he cannot do. Savage v. Horne, 159 Fla. 301, 31 So.2d 477 (Fla.1947). J.M. Realty Investment Corp. v. Stern, 296 So.2d 588 (Fla. 3d DCA 1974). Therefore, the order denying enforcement is reversed with directions to enter a judgment of foreclosure in favor of the appellant mortgagee.

Reversed and remanded with directions.

Principal Mutual Life Insurance Co. v. Lamb, 552 So. 2d 1156, 14 Fla. L. Weekly 2584, 1989 Fla. App. LEXIS 6211, 1989 WL 133296 (Fla. Ct. App. 1989).

Pincite

552 So. 2d 1156 (Principal Mutual Life Insurance Co. v. Lamb) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related