ASSOCIATED SCHOOLS, INC. v. DADE COUNTY

No. 67-477.

209 So.2d 489 (1968)

ASSOCIATED SCHOOLS, INC., a Florida Corporation, Appellant, v. DADE COUNTY, a Political Subdivision of the State of Florida, and Woodmen of the World Life Insurance Society, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 14, 1968.


Attorney(s) appearing for the Case

Kelly, Black & Black, Miami, for appellant.

Thomas C. Britton, County Atty., Joseph Nesbitt, Tallahassee, George E. Owen, Omaha, Neb., for appellees.

Before CHARLES CARROLL, C.J., and BARKDULL and SWANN, JJ.


PER CURIAM.

Involved in this appeal is whether or not the holder of a note secured by a mortgage, which note and mortgage provided a penalty for prepayment is entitled to the prepayment penalty when the property encumbered by the mortgage is taken by eminent domain proceedings. The trial court held that the mortgagee was entitled to his prepayment penalty from the funds on deposit in the registry of the court, pursuant to an order of taking under § 74.051, Fla...

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