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SARASOTA COUNTY v. ANDREWS

No. 90-01064.

573 So.2d 113 (1991)

SARASOTA COUNTY, Florida, a Political Subdivision of the State of Florida, Appellant, v. Robert V. ANDREWS, Betty J. Andrews, Coast Federal Savings and Loan Association, and Ncnb National Bank of Florida, Appellees. COAST FEDERAL SAVINGS AND LOAN ASSOCIATION, Cross-Appellant, v. SARASOTA COUNTY, Florida, a Political Subdivision of the State of Florida, Cross-Appellee.

District Court of Appeal of Florida, Second District.

January 4, 1991.

Attorney(s) appearing for the Case

Edward C. Wilson, Sarasota County Legal Dept., and James D. Keeney of Nelson Hesse Cyril Smith Widman Herb Causey & Dooley, Sarasota, for appellant, cross-appellee.

Ronald L. Collier and James D. Gibson of Abel, Band, Brown, Russell & Collier, Chartered, Sarasota, for appellee, cross-appellant Coast Federal.

Glenn N. Siegel, Sarasota, for appellee NCNB.

No appearance for appellees Robert V. Andrews and Betty J. Andrews.

SCHEB, Acting Chief Judge.

Sarasota County challenges a final summary judgment declaring a portion of a county ordinance unconstitutional as applied to the appellee Coast Federal Savings and Loan Association. We affirm.

On March 4, 1983, Coast Federal recorded a mortgage securing payment of a $40,000 promissory note from Robert and Betty Andrews. The mortgage purported to create a first lien against certain real estate in Sarasota County owned by the Andrews...

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