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MANATEE FEDERAL SAV. AND LOAN ASS'N v. PACE

No. 79-1229.

378 So.2d 95 (1979)

MANATEE FEDERAL SAVINGS AND LOAN ASSOCIATION, a Corporation Organized and Existing under the Laws of the United States, Appellant, v. Willie James PACE, the Palmer First National Bank and Trust Company of Sarasota, Florida, Eugene Barnes and Pauline Hodges, Appellees.

District Court of Appeal of Florida, Second District.

December 28, 1979.

Attorney(s) appearing for the Case

J.B. Donnelly and Clyde C. Goebel of Grimes, Goebel, Parry, Blue, Boylston & McGuire, Bradenton, for appellant.

F. Thomas Hopkins, III, of Icard, Merrill, Cullis, Timm & Furen, Sarasota, for appellees.

SCHEB, Acting Chief Judge.

Appellant, Manatee Federal Savings and Loan Association, moved for summary judgment to foreclose a mortgage. The trial court granted summary judgment to Palmer First National Bank and Trust Company of Sarasota, the nonmoving party. The court concluded that an agreement not to encumber created an equitable lien against the property in favor of Palmer, and that it was superior to Manatee Federal's mortgage. We find the agreement not to encumber...

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