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NCNB NATL. BANK OF FLORIDA v. SETZER

No. 91-936.

596 So.2d 508 (1992)

NCNB NATIONAL BANK OF FLORIDA, Appellant, v. Alan M. SETZER, Appellee.

District Court of Appeal of Florida, First District.

March 31, 1992.

Attorney(s) appearing for the Case

John B. Macdonald and Sidney F. Ansbacher of Brant, Moore, Sapp, Macdonald & Wells, P.A., Jacksonville, for appellant.

Lance Paul Cohen of Cohen & Thurston, P.A., Jacksonville, for appellee.

WOLF, Judge.

NCNB challenges an award of condemnation proceedings to Setzer, the landowner. The property in question was subject to a mortgage in favor of NCNB and a bond indenture which specifically assigned all proceeds from condemnation proceedings to NCNB. Appellee failed to present evidence which would justify ignoring the literal terms of the agreement between the parties.

We find that the trial judge erred in awarding the proceeds to the landowner in...

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