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CAPITAL AMERICA, INC. v. INDUS. DISCOUNTS

No. 77-2605.

383 So.2d 936 (1980)

CAPITAL AMERICA, INC., a Florida Corporation, Appellant, v. INDUSTRIAL DISCOUNTS, INC., a Minnesota Corporation Licensed to Do Business in the State of Florida, B.E.C., Inc., Robert L. Stephens, Individually, William W. Eastman, Individually, Landmark First National Bank of Fort Lauderdale, a Banking Institution, a/K/a Landmark Banking Corporation of Florida, Lee Amirkanian, Lester H. White and Lawyers' Title Guaranty Fund, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 11, 1980.

Attorney(s) appearing for the Case

Charles R. Morgan and Harry G. Carratt of Morgan, Carratt & O'Connor, P.A., Fort Lauderdale, for appellant.

Fred S. Schmunk, Jr., Fort Lauderdale, for appellee Lester H. White.

Robert N. Fryer, Jr., of Saunders, Curtis, Ginestra & Gore, Fort Lauderdale, for appellee Lawyers Title Guaranty Fund.

DOWNEY, Judge.

This is an appeal from two final judgments entered March 4, 1976, and April 13, 1977, holding that appellant, Capital America, Inc., was not entitled to recover in its suit for rescission and for subrogation rights to a mortgage title insurance policy.

Appellee B.E.C., Inc., owned certain real property in Broward County, Florida. Said property was encumbered by three mortgages payable to Industrial Discounts Inc. (hereinafter referred to as...

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