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SNODDY v. NCNB NATIONAL BANK OF FLORIDA

No. 90-0798.

575 So.2d 231 (1991)

Bernie O. SNODDY, Appellant, v. NCNB NATIONAL BANK OF FLORIDA, a Banking Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 26, 1991.

Attorney(s) appearing for the Case

Timothy H. Kenney of Timothy H. Kenney, P.A., West Palm Beach, for appellant.

Mark P. Dikeman of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Miami, for appellee.

PER CURIAM.

We affirm. The order awarding appellant attorney's fees did not create a judgment lien as it was not a recordable instrument. §§ 28.29 and 55.10, Fla. Stat. (1989). Recording the nonrecordable order was a nullity. See Malsby v. Gamble, 61 Fla. 327, 54 So. 766 (Fla. 1911). Appellant had no legal claim to the receivership funds remaining after the foreclosure sale, and therefore no standing to challenge the trial court's order which disbursed...

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