SYNOVUS BANK v. WALKER

No. 1D12-5176.

133 So.3d 656 (2014)

SYNOVUS BANK, Formerly Known as Columbus Bank and Trust Company, As Successor In Interest Through Name Change and By Merger With Coastal Bank And Trust of Florida, Successor By Merger to Bank of Pensacola, Successor By Merger to Horizon Bank of Florida, Appellant, v. Helen K. WALKER, Trustee of the C. David Walker Trust, Appellee.

District Court of Appeal of Florida, First District.

March 14, 2014.


Attorney(s) appearing for the Case

Philip A. Bates and Sarah S. Walton of Philip A. Bates, P.A., Pensacola, for Appellant.

Robert O. Beasley and Phillip A. Pugh of Litvak Beasley & Wilson, LLP, Pensacola, for Appellee.


WOLF, J.

Synovus Bank challenges a final summary judgment of foreclosure entered in favor of Helen K. Walker, trustee of the C. David Walker Trust. We affirm that portion of the summary judgment determining that a valid debt existed and the subordinate status of Synovus' interest in the property. We conclude, however, that disputed issues of material fact exist concerning the extent certain rents received by the trust from the property at issue should be credited...

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