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New Port Largo, Inc. v. Munz

District Court of Appeal of Florida, Third District
Jul 29, 1986
498 So. 2d 450 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-2389.

July 29, 1986.

An Appeal from the Circuit Court for Monroe County, David P. Kirwan, Judge.

Karl Beckmeyer, Tavernier, for appellant.

Allison D. Hockman, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.


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 mortgage 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.

Of course, this ruling has no effect upon the application of the first mortgage to all the subject property.

Affirmed as amended.


Summaries of

New Port Largo, Inc. v. Munz

District Court of Appeal of Florida, Third District
Jul 29, 1986
498 So. 2d 450 (Fla. Dist. Ct. App. 1986)
Case details for

New Port Largo, Inc. v. Munz

Case Details

Full title:NEW PORT LARGO, INC., APPELLANT, v. MARY ANNE MUNZ, AS PERSONAL…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 29, 1986

Citations

498 So. 2d 450 (Fla. Dist. Ct. App. 1986)

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