FIDELITY BANK OF FLORIDA v. LOI THI NGUYEN

No. 5D09-3856.

44 So.3d 1238 (2010)

FIDELITY BANK OF FLORIDA, Appellant, v. LOI THI NGUYEN, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

October 1, 2010.


Attorney(s) appearing for the Case

Matthew G. Brenner and Ronald D. Edwards, Jr. , of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Appellant.

John L. Urban of Urban, Thier, Federer & Jackson, P.A., Orlando, for Appellee.


TORPY, J.

Appellant challenges the summary judgment that declared Appellee's mortgage superior in priority to Appellant's first-recorded mortgage because of a scrivener's error in the legal description in Appellant's mortgage. Concluding that Appellant's mortgage was sufficient to place Appellee on constructive notice of Appellant's superior mortgage, we reverse the summary judgment.

The mortgage in favor of Appellant correctly named the property owner, correctly...

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