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MORGEN-OSWOOD & ASSOCIATES, INC. v. CONTINENTAL MORTGAGE

No. 74-1487.

323 So.2d 684 (1975)

MORGEN-OSWOOD & ASSOCIATES, INC. OF FLORIDA, Appellant, v. CONTINENTAL MORTGAGE INVESTORS, a Massachusetts Business Trust, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied January 13, 1976.

Attorney(s) appearing for the Case

Stephen P. Kanar of Fishback, Davis, Dominick & Simonet, Orlando, for appellant.

Richard H. Adams, Jr., and Lawrence G. Mathews, Jr., of Gray, Adams, Harris & Robinson, Orlando, for appellees Continental.

OWEN, Judge.

If ever there was a case for imposition of an equitable lien on a particular property, it is this one.

Appellant, a general contractor, entered into a contract with the owner of property to construct a hotel thereon. The owner obtained a construction loan from appellee, Continental Mortgage Investors (CMI). Under the construction loan agreement, the sum of $1,450,000 was set aside in a special fund to pay construction costs, with provisions for...

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