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PHENION DEVELOPMENT GROUP, INC. v. LOVE

No. 5D06-1710.

940 So.2d 1179 (2006)

PHENION DEVELOPMENT GROUP, INC., et al., Appellant, v. Richard LOVE and Marguerite Love, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 1, 2006.

Attorney(s) appearing for the Case

Charles D. Franken of Charles D. Franken, P.A., Plantation, for Appellant.

David G. Larkin and Jesse L. Kabaservice of Fallace & Larkin, L.C., Melbourne, for Appellee.

LAWSON, J.

Phenion Development Group, Inc., and Anthony Tharpe, defendants below in a foreclosure action brought by Richard and Marguerite Love, challenge the denial of their motion to vacate the final judgment entered against them. Appellants argue that the final judgment erroneously provided for post-judgment interest at the default rate stated in their note and mortgage (instead of the statutory rate), and under Florida Rule of Civil Procedure 1.540(b) either:...

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