Synovus Bank v. Walker

District Court of Appeal of Florida

Synovus Bank v. Walker

133 So. 3d 656, 2014 WL 997058, 2014 Fla. App. LEXIS 3602

CourtDistrict Court of Appeal of Florida

DecidedMarch 14, 2014

DocketNo. 1D12-5176

StatusPublished

This text of 133 So. 3d 656 (Synovus Bank v. Walker) 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

Synovus Bank v. Walker, 133 So. 3d 656, 2014 WL 997058, 2014 Fla. App. LEXIS 3602 (Fla. Ct. App. 2014).

Pincite

Opinion

WOLF, J.

Synovus Bank challenges a final summary judgment of foreclosure entered in favor of Helen K. Walker, trustee of the C. David Walker Trust. We affirm that portion of the summary judgment determining that a valid debt existed and the subordinate status of Synovus’ interest in the property. We conclude, however, that disputed issues of material fact exist concerning the extent certain rents received by the trust from the property at issue should be credited against the amount of outstanding debt. We, therefore, reverse and remand for further proceedings solely for the purpose of determining the amount by [657]*657which the outstanding debt should be reduced.

AFFIRMED IN PART, REVERSED IN PART, and REMANDED.

VAN NORTWICK and MARSTILLER, JJ., concur.

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WOLF, J.

Synovus Bank challenges a final summary judgment of foreclosure entered in favor of Helen K. Walker, trustee of the C. David Walker Trust. We affirm that portion of the summary judgment determining that a valid debt existed and the subordinate status of Synovus’ interest in the property. We conclude, however, that disputed issues of material fact exist concerning the extent certain rents received by the trust from the property at issue should be credited against the amount of outstanding debt. We, therefore, reverse and remand for further proceedings solely for the purpose of determining the amount by [657]*657which the outstanding debt should be reduced.

AFFIRMED IN PART, REVERSED IN PART, and REMANDED.

VAN NORTWICK and MARSTILLER, JJ., concur.

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Bluebook (online)

133 So. 3d 656, 2014 WL 997058, 2014 Fla. App. LEXIS 3602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/synovus-bank-v-walker-fladistctapp-2014.