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CITY FIRST MORTG. CORP. v. BARTON

No. 4D06-4419.

988 So.2d 82 (2008)

CITY FIRST MORTGAGE CORP., Appellant, v. Lewis BARTON and Native Country Broadcasting & Productions, Inc., Indian River County, Florida, Piling Products, Inc., William B. and Jane Boswell Robinson, Barker Electric Air Conditioning and Heating, Inc., Storch, Hansen & Morris, P.A. n/k/a Storch & Morris, P.A., The Terminal Marketing Company, Inc., Marshall Enterainment Insurance, Inc., and all other parties in possession, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 29, 2008.

Attorney(s) appearing for the Case

Jane Kreusler-Walsh of Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach, and Fred L. Kretschmer, Jr., of Brennan & Kretschmer, Vero Beach, for appellant.

H. Michael Muñiz of Buckingham, Doolittle & Burroughs, LLP, Boca Raton, for appellee/cross-appellant.

MAY, J.

A dispute between a lender and borrower over the insurance proceeds from a destroyed oceanfront property brings this appeal before the court. The lender argues the trial court erred in applying the unclean hands doctrine to postpone foreclosure of the mortgage after the borrower defaulted and also erred in its determination of damages. It also argues that the trial court erred in awarding damages to the borrower for a violation of the Florida Deceptive and...

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