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ISRA HOMES, INC. v. APPLEY

No. 2D11-3022.

78 So.3d 724 (2012)

ISRA HOMES, INC., a Florida corporation; Lendholders Trust, LLC, a limited liability company; and Ariel S. Bergerman, Appellants, v. John APPLEY and Betty Appley; Timothy Bouchard Limited Partnership; V & V Corporate Investments, Inc., a Florida corporation; Larry Heuple, as Trustee of the Larry W. Heuple Trust u/t/d 3/28/89; Norton Group, LLC, a Florida limited liability company; Blanche Edlund, as Trustee of the Blanche Edlund Intervivos Trust; Matthew J. Edlund, as Trustee of the Matthew J. Edlund Revocable Trust; Frain Enterprises, Inc., a Florida corporation; Kevin Boyer; Catherine A. Hodgson; Anthony Mele; Dennis A. Mele and Lynn Mele, husband and wife; Sarah Mele; Lee Ramsey; and Donald E. Wolfram and Mary S. Wolfram, husband and wife, Appellees.

District Court of Appeal of Florida, Second District.

February 3, 2012.

Attorney(s) appearing for the Case

J. Andrew Crawford , St. Petersburg, for Appellants.

No appearance for Appellees.

CASANUEVA, Judge.

Appellants seek review of an order assigning rents to Appellees during the pendency of a foreclosure case. We reverse because Appellees only held a partial interest in the note and mortgage at issue and thus were not authorized to enforce any provisions of those instruments.

Appellees, plaintiffs below, collectively owned an approximate 78% interest in the note and mortgage on property owned by ISRA Homes, Inc., the borrower. Ariel S. Bergerman...

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