PALMER FIRST NAT'L BK. v. RINKER MAT. CORP.

No. 76-1536.

348 So.2d 1234 (1977)

PALMER FIRST NATIONAL BANK, Appellant, v. RINKER MATERIALS CORP. et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 9, 1977.


Attorney(s) appearing for the Case

Rosin, Abel, Band, Rosin & Brown, Sarosota, for appellant.

Cagle & Whelchel, South Miami, for appellees.

Before HENDRY, C.J., and PEARSON and NATHAN, JJ.


NATHAN, Judge.

Although several points are raised by appellant bank in this action, the sole question which merits discussion herein is whether a mortgagee can waive the priority of its mortgage over mechanic's liens where the mortgagee induced the lien claimants to continue to furnish construction materials and labor while simultaneously refraining from filing lien claims absent fraud or active misrepresentation on the part of the mortgagee. We answer this question...

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