ZIMMERMAN v. OLYMPUS FIDELITY TRUST, LLC

No. 4D05-2037.

936 So.2d 652 (2006)

Laurence ZIMMERMAN and Kimberly Zimmerman, Appellants, v. OLYMPUS FIDELITY TRUST, LLC and Colonial Bancgroup, Inc., an Alabama banking corporation f/k/a Palm Beach National Bank & Trust Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 12, 2006.


Attorney(s) appearing for the Case

Gerald F. Richman, Donall O'Carroll and Stefanie R. Shelley of Richman Greer Weil Brumbaugh Mirabito & Christensen, P.A., and Richard P. Zaretsky of Richard P. Zaretsky, P.A., West Palm Beach, for appellants.

Mark R. King of Miller, Hamilton, Snider & Odom, L.L.C., Miami, for Appellee-Colonial Bancgroup, Inc.


STONE, J.

The Zimmermans, mortgagors, appeal a final summary judgment entered on their breach of contract claim against mortgagee Colonial. We affirm.

In 1998, the Zimmermans executed a promissory note in favor of Palm Beach National Bank and Trust Company (PBNB)1 in the amount of $2,500,000 that was secured by a mortgage on a Palm Beach residence ("first mortgage"). The relevant provisions of the first mortgage are as follows...

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