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ENNIS v. FINANZ UND KOMMERZ-UNION ETABL

No. 89-02678.

565 So.2d 374 (1990)

Thomas ENNIS and Amelia Ennis, Appellants, v. FINANZ UND KOMMERZ-UNION ETABL., a/K/a Inter-Florida Investment Establishment-Vaduz, a Liechenstein Corporation, and Renten Union Foundation, a Liechenstein Corporation, Appellees.

District Court of Appeal of Florida, Second District.

August 8, 1990.

Attorney(s) appearing for the Case

J. Michael Coleman, Robert E. Doyle, Jr. and J. Thomas Conroy, III of Asbell, Hains, Doyle & Pickworth, P.A., Naples, for appellants.

Frederick C. Kramer of Frost & Jacobs, Marco Island, for appellees.

LEHAN, Judge.

We affirm the final judgment which in effect constituted a ruling that upon a conveyance to the mortgagee of fee simple title to the mortgaged property no merger of interests occurred which extinguished the mortgage. The effect of that ruling was that there is a mortgage lien superior to appellants' judgment lien.

Whether or not such a merger occurs depends upon the intention of the person in whom interests...

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