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PRINCIPAL MUTUAL LIFE INSURANCE COMPANY v. LAMB

No. 89-775.

552 So.2d 1156 (1989)

PRINCIPAL MUTUAL LIFE INSURANCE COMPANY F/K/a Bankers Life Company, Appellant, v. Lemuel Curtis LAMB and Felisha Lamb, Appellees.

District Court of Appeal of Florida, Third District.

November 7, 1989.

Attorney(s) appearing for the Case

Siegfried, Kipnis, Rivera, Lerner, De La Torre and Mark Lawrence and Peter H. Edwards, Miami, for appellant.

Lemuel Curtis Lamb and Felisha Lamb, in pro. pers.

Before BARKDULL, NESBITT and JORGENSON, JJ.

PER CURIAM.

The trial judge in a mortgage foreclosure action upon an equitable basis, attempted to rewrite the note and mortgage. This he cannot do. Savage v. Horne, 159 Fla. 301, 31 So.2d 477 (Fla. 1947). J.M. Realty Investment Corp. v. Stern, 296 So.2d 588 (Fla. 3d DCA 1974). Therefore, the order denying enforcement is reversed with directions to enter a judgment of foreclosure in favor of the appellant mortgagee...

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