BORNSTEIN v. SOMERSON

No. 75-813.

341 So.2d 1043 (1977)

Jerome J. BORNSTEIN, Individually and As Trustee, Appellant, v. Herbert SOMERSON et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 24, 1977.


Attorney(s) appearing for the Case

Robert G. Petree, Orlando, for appellant.

Michael J. Freedman and Richard A. Hirsch of Levine, Freedman & Hirsch, Tampa, for appellees Herbert Somerson, Irving Weissman and Daniel Keidan.

Eugene W. Harris of Peterson, Carr, Harris & Seacrest, Lakeland, for appellee B.C. Cook & Sons Enterprises, Inc.

Robert E. Puterbaugh of Woolfolk, Myers, Curtis, Craig & Crews, Lake Wales, for appellees Robert E. and Edward H. Parker.


HOBSON, Acting Chief Judge.

In this mortgage foreclosure proceeding plaintiff/appellant, mortgagee, appeals the final judgment holding, inter alia, that the crop of citrus fruit was constructively severed from the mortgaged realty and that the proceeds from the sale of said fruit accrued to the benefit of the defendants, mortgagor and its caretaker, less expenses deducted for maintenance of the property during receivership. In the court below two cases

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