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HANCOCK BANK v. D.S.C. OF NEWARK

No. 5D13-2305.

136 So.3d 1272 (2014)

HANCOCK BANK as Successor in Interest, etc., Appellant, v. D.S.C. OF NEWARK ENTERPRISES, etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

April 25, 2014.

Attorney(s) appearing for the Case

Scott A. Livingston and Robert J. Stovash , of Stovash, Case, Tingley, P.A., Orlando, for Appellant.

Peter B. Heebner and J. Steven Garthe , of Heebner, Baggett, Upchurch & Garthe, P.L., Daytona Beach, for Appellee.

PALMER, J.

In this mortgage foreclosure action, Hancock Bank appeals the partial final declaratory judgment entered by the trial court, holding that D.S.C. of Newark Enterprises possesses a vendor's lien which is superior in priority to Hancock's purchase-money mortgage.1 Determining that D.S.C.'s contractual right to recover liquidated damages does not provide a basis for the imposition of a vendor's lien, we reverse.

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