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TUTTLE'S DESIGN-BUILD, INC. v. CAPLE

No. 97-3068.

712 So.2d 1213 (1998)

TUTTLE'S DESIGN-BUILD, INC., Appellant, v. George R. CAPLE, and Caple Enterprises, Inc., Appellees.

District Court of Appeal of Florida, Third District.

June 24, 1998.

Attorney(s) appearing for the Case

Coll Davidson Carter Smith Salter & Barkett and Christopher N. Johnson and Vance E. Salter, Miami, for appellant.

Lynn & Hanson, Homestead; Cooper & Wolfe and Nancy C. Ciampa and Sharon L. Wolfe, Miami, for appellees.

Before JORGENSON, GODERICH and SHEVIN, JJ.

SHEVIN, Judge.

Tuttle's Design-Build, Inc., the mortgagor, appeals an order awarding mortgagees, George R. Caple and Caple Enterprises, Inc., interest payments under subsection (2) of section 702.10, Florida Statutes (1997). We reverse, finding subsection (2) of section 702.10 unconstitutional because it fails to protect mortgagors' due process rights, and it impermissibly conflicts with procedural rules established by the Florida Supreme Court.

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