Whitney National Bank v. Golf Strategies, LLC

District Court of Appeal of Florida

Whitney National Bank v. Golf Strategies, LLC

125 So. 3d 985, 2013 WL 3154960, 2013 Fla. App. LEXIS 9838

CourtDistrict Court of Appeal of Florida

DecidedJune 21, 2013

DocketNo. 2D12-2951

StatusPublished

This text of 125 So. 3d 985 (Whitney National Bank v. Golf Strategies, LLC) 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

Whitney National Bank v. Golf Strategies, LLC, 125 So. 3d 985, 2013 WL 3154960, 2013 Fla. App. LEXIS 9838 (Fla. Ct. App. 2013).

Pincite

Opinion

ALTENBERND, Judge.

Whitney National Bank appeals an amended final judgment entered in an action brought against various guarantors of a promissory note that was secured by a mortgage. The borrower, The Golf Club at Bridgewater, LLC, is not a party to this action and has a proceeding pending in the bankruptcy court of the Middle District of Florida. Whitney does not argue that the trial court erred in the “ordered and adjudged” section of the final judgment.

Whitney correctly observes that the trial court lacked jurisdiction over the property owned by The Golf Club at Bridgewater, LLC, and that the case did not involve a foreclosure against the property. Nevertheless, a portion of the final judgment discussing an affirmative defense of unclean hands, which was raised by some of the guarantors, concludes with the following two sentences: “As such, the Court finds the unclean hands doctrine applicable. Whitney is estopped from foreclosing on an accelerated basis.”

If we correctly understand the proceedings in the bankruptcy court, Whitney has already taken possession of the land and a foreclosure will be unnecessary. Nevertheless, to avoid any possible confusion, on remand we order the trial court to strike from the amended final judgment the sentence: “Whitney is estopped from foreclosing on an accelerated basis.”

Affirmed with instructions.

LAROSE, J., and GALLEN, THOMAS M., Associate Senior Judge, Concur.

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ALTENBERND, Judge.

Whitney National Bank appeals an amended final judgment entered in an action brought against various guarantors of a promissory note that was secured by a mortgage. The borrower, The Golf Club at Bridgewater, LLC, is not a party to this action and has a proceeding pending in the bankruptcy court of the Middle District of Florida. Whitney does not argue that the trial court erred in the “ordered and adjudged” section of the final judgment.

Whitney correctly observes that the trial court lacked jurisdiction over the property owned by The Golf Club at Bridgewater, LLC, and that the case did not involve a foreclosure against the property. Nevertheless, a portion of the final judgment discussing an affirmative defense of unclean hands, which was raised by some of the guarantors, concludes with the following two sentences: “As such, the Court finds the unclean hands doctrine applicable. Whitney is estopped from foreclosing on an accelerated basis.”

If we correctly understand the proceedings in the bankruptcy court, Whitney has already taken possession of the land and a foreclosure will be unnecessary. Nevertheless, to avoid any possible confusion, on remand we order the trial court to strike from the amended final judgment the sentence: “Whitney is estopped from foreclosing on an accelerated basis.”

Affirmed with instructions.

LAROSE, J., and GALLEN, THOMAS M., Associate Senior Judge, Concur.

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Bluebook (online)

125 So. 3d 985, 2013 WL 3154960, 2013 Fla. App. LEXIS 9838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitney-national-bank-v-golf-strategies-llc-fladistctapp-2013.