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CTX MORTG. CO. v. ADVANTAGE BUILDERS OF AM.

No. 2D09-3774.

47 So.3d 844 (2010)

CTX MORTGAGE COMPANY, LLC, Appellant, v. ADVANTAGE BUILDERS OF AMERICA, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 3, 2010.

Attorney(s) appearing for the Case

Terrence L. Lavy of Vernis & Bowling of Southwest Florida, P.A., Fort Myers, for Appellant.

Billy Joe L. McFarland , Cape Coral, for Appellee.

WALLACE, Judge.

CTX Mortgage Company, LLC (the Lender), appeals a final judgment that awarded Advantage Builders of America, Inc. (the Builder), an equitable lien on undisbursed construction funds held by the Lender. When Kremlin Yee (the Owner) refused to proceed with a required end closing on the completed project, the Lender retained the final construction draw in accordance with the parties' written agreement. Later, the Lender sold the residence that was the...

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