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SUNRISE SAV. & LOAN ASS'N v. GIANNETTI

Nos. 4-86-1787, 4-86-2718.

524 So.2d 697 (1988)

SUNRISE SAVINGS AND LOAN ASSOCIATION OF FLORIDA, Appellant/Cross Appellee, v. Silvio GIANNETTI and Mary Giannetti, Appellees/Cross Appellants, and Timothy E. Graham and Oceanside Development Corporation, a Florida Corporation, et al., Appellees. SUNRISE SAVINGS AND LOAN ASSOCIATION OF FLORIDA, Appellant, v. Timothy E. GRAHAM and Oceanside Development Corporation, a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 3, 1988.

Attorney(s) appearing for the Case

Larry Klein and Julie Farina of Klein & Beranek, P.A., and Kingcade & Campbell, West Palm Beach, for appellant/cross appellee.

Sally R. Doerner, Scott D. Sheftall and Gary S. Betensky of Floyd Pearson Richman Greer Weil Zack & Brumbaugh, P.A., Miami, for appellees/cross appellants Silvio and Mary Giannetti.

GLICKSTEIN, Judge.

This appeal reviews the trial court's determination of priority, as between two competing mortgages. We appreciate the attention which the trial court gave to the case. Nevertheless, we are compelled to conclude that it misconstrued the legal effect of the evidence; and we hold, on the authority of United Service Corporation v. Vi-An Construction Corp., 77 So.2d 800 (Fla. 1955), and Jones v. Lally,<...

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