HARTH v. LEO

Nos. 90-01571, 90-02847.

576 So.2d 1347 (1991)

Michael HARTH, Appellant, v. Vincent LEO and Ellen Sue Leo, His Wife, Adele D. Wright, Individually, the Wright Agency, Inc., a Florida Corporation, and First Florida Bank, N.A., Its Successors and/or Assigns, a Banking Corporation, Appellees. FIRST FLORIDA BANK, N.A., Appellant, v. Vincent LEO and Ellen Sue Leo, His Wife, Michael Harth, Adele D. Wright, Individually, the Wright Agency, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Second District.

March 29, 1991.


Attorney(s) appearing for the Case

Richard J. DaFonte of Nolan, McNamara, and DaFonte, St. Petersburg, for appellants.

Peter O. Brick of Brick & Davis, P.A., Port Richey, for appellees.


SCHEB, Judge.

In these consolidated appeals Michael Harth, as buyer, and Vincent Leo, as seller, both argue that the trial court erred in entering the final judgment which voided their real estate contract on the ground that the subject property was Leo's homestead. The judgment awarded an equitable lien to First Florida Bank, the mortgagee. We affirm, but remand for the trial judge to more specifically delineate the parties' rights as to the equitable lien.

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