KRC ENTERPRISES, INC. v. SODERQUIST

No. 89-00946.

553 So.2d 760 (1989)

KRC ENTERPRISES, INC., Appellant, v. Gerald A. SODERQUIST, Appellee.

District Court of Appeal of Florida, Second District.

December 15, 1989.


Attorney(s) appearing for the Case

Michael J. Appleton, Orlando, for appellant.

Mark H. Gibbons, Tampa, for appellee.


SCHEB, Acting Chief Judge.

This appeal concerns the priority of conflicting acceleration provisions in a note and mortgage. The trial court held that the note's automatic acceleration clause controlled over the acceleration clause in the contemporaneously executed mortgage, which provided for acceleration at the option of the mortgagee. We reverse.

On August 25, 1988, Appellant KRC Enterprises, Inc. (KRC) filed a...

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