GENERAL BANK v. WESTBROOKE POINTE

No. 88-2745.

548 So.2d 736 (1989)

GENERAL BANK, F.S.B., F/K/a General Federal Savings and Loan Association of Miami, Appellant, v. WESTROOKE POINTE, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 3, 1989.


Attorney(s) appearing for the Case

Mershon, Sawyer, Johnston, Dunwoody & Cole and David B. McCrea, Miami, for appellant.

Ritter, Ritter & Feinstein, and John A. Ritter, Miami, for appellee.

Before HUBBART, FERGUSON and LEVY, JJ.


FERGUSON, Judge.

General Bank appeals from an order awarding surplus funds to the owner-mortgagor, after a satisfaction of a foreclosed second mortgage, over General Bank's claim to the funds as a third mortgage holder.

The holders of the second mortgage, Lima and Blanco, commenced a foreclosure action against the mortgagor, Westbrooke Pointe, and the third mortgagee, General Bank. After a summary judgment of foreclosure was entered in favor of Lima and Blanco...

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