DOLLAR SAV. AND TRUST CO. v. SOLTESIZ

Nos. 92-01352, 93-00715.

636 So.2d 63 (1994)

The DOLLAR SAVINGS AND TRUST COMPANY, Appellant, v. Joseph R. SOLTESIZ and Nanette M. Soltesiz, and P.T.M., Inc., Appellees. The DOLLAR SAVINGS AND TRUST COMPANY, Appellant, v. BARNETT BANK OF SOUTHWEST FLORIDA and Joseph R. Soltesiz and Nanette M. Soltesiz, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 28, 1994.


Attorney(s) appearing for the Case

Robert J. Gill, Isphording Korp Payne, Sarasota, and Richard J. Thomas, Henderson, Covington, Stein, Donchess & Messenger, Youngstown, for appellant.

Betsy L. Benedict, Stanford R. Solomon, P.A., Tampa, for appellees Joseph R. Soltesiz and Nanette M. Soltesiz.

Ronald B. Cohn and Laura L. Whiteside, Cohn & Cohn, P.A., Tampa, for appellee Barnett Bank of Southwest Florida.


CAMPBELL, Judge.

These consolidated appeals emanate from two circuit court decisions holding that appellant, Dollar Savings and Trust Company's (Dollar), foreign judgment, recorded pursuant to section 55.503, Florida Statutes (1989), was subordinate and inferior to the subsequently executed and recorded second mortgage of appellee, Barnett Bank of Southwest Florida (Barnett). Barnett's mortgage was recorded within the thirty-day period following the issuance of notice...

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