DUVAL FED. S. & L. ASS'N v. HALLMARK BUILDERS, INC.

No. 87-434.

519 So.2d 1035 (1988)

DUVAL FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant, v. HALLMARK BUILDERS, INC., etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 16, 1988.


Attorney(s) appearing for the Case

Adam G. Adams, III, of Bledsoe & Schmidt, P.A., Jacksonville, for appellant.

Kirk S. Warren, of Drage, de Beaubien, Knight & Simmons, Orlando, for appellee.


ORFINGER, Judge.

There is nothing in the pleadings or in this record which supports a conclusion that appellant, as the construction lender, retained any of the construction loan funds in its possession which should have been paid to appellee, the builder. There is thus no basis for the imposition of an equitable lien against the lender nor any legal basis for the award of a money judgment against the lender. The judgment awarding appellee the sum of $11,007.46, plus...

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