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ROBERTSON v. COBB

No. 96-3089.

695 So.2d 507 (1997)

Elise C. ROBERTSON, Appellant, v. Forrest COBB and Sylvia O. Cobb, as Trustee, Appellees.

District Court of Appeal of Florida, Fifth District.

June 13, 1997.

Attorney(s) appearing for the Case

Michael E. Dujovne, Melbourne, for Appellant.

Michael M.M. Wallis of Mosley, Wallis & Whitehead, P.A., Melbourne, for Appellees.

PETERSON, Chief Judge.

Elise C. Robertson appeals a final judgment that found her unrecorded equitable lien to be inferior to the lien of a subsequent recorded mortgage. Robertson's lien was created when she paid a deposit to a contractor/owner for a residence that was under construction. We affirm the ruling of the trial court that Robertson's lien was inferior to that of the mortgagee's based on the unrefuted evidence that the mortgagee had neither actual nor constructive...

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