WOLF v. SPARIOSU

No. 97-929.

706 So.2d 881 (1998)

Arnold WOLF As Trustee U/T/D 9/2/94 F/B/O Arnold Wolf, Retirement Accounts, Inc. FBO Arnold Wolf IRA 90544, Disa Anhalt Tua DTD 3/23/92 Dis Anhalt Ttee, EJS Investment Company and City First Mortgage Corp., a Florida Corporation, Appellants, v. Marin SPARIOSU and Suyapa Baraha Spariosu, his wife, Maysonet Landscape, Co., Inc., and Unknown Tenants at 8500 S.W. 112th Street, Miami, FL., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 1, 1998.


Attorney(s) appearing for the Case

Keith, Mack, LLP, and R. Hugh Lumpkin, and Karl J. Schumer, Miami, for appellants.

Homer & Bonner, P.A., and Blaine R. Young, Miami, for appellee, Maysonet Landscape Co., Inc.

Before JORGENSON, GERSTEN and GREEN, JJ.


GREEN, Judge.

Appellants (collectively "the Wolf Group"), plaintiffs below, appeal a final summary judgment of foreclosure which declared their lien upon the foreclosed property to be superior to the interests of all of the appellees/defendants except Maysonet Landscape Co., Inc.'s ("Maysonet") claim of lien. The Wolf Group asserts that through the doctrine of either equitable subrogation or conventional subrogation, their mortgage was entitled to priority over Maysonet...

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