Emil J. WEIMAN and Joyce E. Weiman, His Wife, Petitioners,
v.
Thomas N. McHAFFIE and Jacqueline M. McHaffie, His Wife, Respondents.
Supreme Court of Florida.https://leagle.com/images/logo.png
May 2, 1985.
Rehearing Denied June 28, 1985.
Attorney(s) appearing for the Case
Ray D. Helpling of Scruggs and Carmichael, Gainesville, and Kathleen E. Gainsley of Levin, Warfield, Middlebrooks, Mabie, Thomas, Mayes and Mitchell, Pensacola, for petitioners.
H. Reynolds Sampson, Tallahassee, for respondents.
Hume F. Coleman of Holland and Knight, Tallahassee, and Maud Mater, Sr. Vice President and Gen. Counsel and Garrett C. Burke, Associate Gen. Counsel, Washington, D.C., amicus curiae for Federal Home Loan Mortg. Corp.
Nancy E. Swerdlow and Vance E. Salter of Steel, Hector and Davis, Miami, amici curiae for Mortg. Bankers Ass'n of Fla. and Federal Nat. Mortg. Ass'n.
John F. Corrigan of Ulmer, Murchison, Ashby, Taylor and Corrigan, Jacksonville, and James T. Crowley, Mark F. Kennedy and Jeffery A. Key of Thompson, Hine and Flory, Cleveland, Ohio, amicus curiae for Developers Diversified, Ltd.
Supreme Court of Florida.
McDONALD, Justice.
We review Weiman v. McHaffie,448 So.2d 1127 (Fla. 1st DCA 1984), because the district court of appeal certified the following question of great public importance:
IS A DUE-ON-SALE CLAUSE IN A FLORIDA MORTGAGE EXECUTED ON SEPTEMBER 8, 1980, TO A PRIVATE LENDER OR SELLER, ENFORCEABLE AS TO AN ATTEMPTED TRANSFER OCCURRING SUBSEQUENT TO OCTOBER 15, 1982, BUT BEFORE OCTOBER 15, 1985, WITHOUT A SHOWING...
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