MOSS v. TOOLE

No. 1D02-633.

845 So.2d 991 (2003)

Allen H. MOSS, Appellant, v. Enoch G. TOOLE, as Trustee of the Choctawhatchee Corp. Trust, Appellee.

District Court of Appeal of Florida, First District.

May 23, 2003.


Attorney(s) appearing for the Case

Thomas M. Ervin, Jr., of Ervin, Boyd & Allaman, Tallahassee; and Thayer M. Marts, Marianna, Attorneys for Appellant.

Jeffrey P. Whitton, Panama City, Attorney for Appellee.


PER CURIAM.

This is an appeal of a Final Judgment concerning obligations of the parties to a Mortgage and Mortgage Note in the amount of $150,000.00. We hold that the trial court erred in finding that Appellant defaulted for failing to sign the requested releases. Appellee unilaterally withheld money from his August 1997 payment to Appellant, which was not authorized by the Mortgage or the Note. Appellant is entitled to past unpaid mortgage payments, along with accrued...

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