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SIMS v. NEW FALLS CORP.

No. 3D08-133.

37 So.3d 358 (2010)

Eugene SIMS and Christine Sims, Appellants, v. NEW FALLS CORPORATION, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 7, 2010.

Attorney(s) appearing for the Case

Allan B. Kaiser, for appellants.

Haley, Sinagra, Paul & Toland and J.T. Haley, for appellee.

Brigham Moore and John W. Little III, West Palm Beach, Goldman Felcoski & Stone and Robert W. Goldman, Naples, for The Real Property Probate & Trust Law Section of The Florida Bar, as amicus curiae.

Before COPE, SHEPHERD, and ROTHENBERG, JJ.

SHEPHERD, J.

The question in this case is whether a choice of law provision contained in a mortgage, expressly stating it governs that document alone, also governs a separate suit on a promissory note executed simultaneously as part of the same transaction. In the balance lies the validity of a money judgment obtained on the promissory note by the current note holder, New Falls Corporation, against the original borrowers and appellants here, Eugene and Christine Sims...

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