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HANCE v. DIME SAVINGS BANK OF NEW YORK

No. 95-2978.

678 So.2d 11 (1996)

Richard O. HANCE, Appellant, v. The DIME SAVINGS BANK OF NEW YORK, FSB, as successor by merger to Anchor Savings Bank FSB, a federally chartered savings bank, f/k/a First Federal Savings and Loan Association of Lake City, as servicing agent for Ramapo Bank, as custodian under Custodial Agreement dated May 1, 1990, Appellee.

District Court of Appeal of Florida, First District.

August 20, 1996.

Attorney(s) appearing for the Case

Joseph S. Farley, Jr. of Mahon & Farley, P.A., Jacksonville, for Appellant.

Sonya K. Daws, Cynthia Tunnicliff, and William W. Blue of Pennington & Haben, P.A., Tallahassee, for Appellee.

PER CURIAM.

This cause is before us on appeal from summary judgment in favor of Appellee in its suit to foreclose on a note and mortgage executed by Appellant. Our review of the record indicates that genuine issues of material fact exist as to whether the note was in default. See § 702.01, Florida Statutes; Cross v. Federal Nat'l Mortgage Ass'n, 359 So.2d 464 (Fla. 4th DCA 1978) (mortgage foreclosure is an equitable...

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