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HOUSEHOLD REALTY CORPORATION v. TRANSAMERICA FINALCIAL SERVICES, INC.

No. 94-1182.

655 So.2d 163 (1995)

HOUSEHOLD REALTY CORPORATION, Appellant, v. TRANSAMERICA FINANCIAL SERVICES, INC., a California Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied June 23, 1995.

Attorney(s) appearing for the Case

Guy E. Motzer of Steel Hector & Davis, for appellant.

Matthew G. Brenner and Amy S. Lowndes of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., for appellee.

Rehearing and Rehearing En Banc Denied June 23, 1995.

FARMER, Judge.

Concluding as we do that there is no evidence to support a finding of the kind of misconduct allowing equitable remedies to supplant the established legal rule of "first in time, first in right," we reverse the final judgment of foreclosure and remand with instructions to restore Household's priority as the first mortgage holder and to proceed to foreclose its superior mortgage accordingly...

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