Marina Funding Group, Inc. v. Peninsula Property Holdings, Inc.
District Court of Appeal of Florida
1Opinion of the CourtStone, J.
Marina Funding Group, Inc. and Bro-ward Yachts, Inc. (collectively “Bro-ward/Marina”) appeal from a final judgment in favor of the plaintiff, Peninsula Property Holdings, Inc. (“Peninsula”), after a non-jury trial.1 We affirm.
We recite only the most essential of the complex facts. Peninsula foreclosed on a first mortgage on the subject property (“Binks”), unaware that it was also encumbered by a second mortgage, held by Evans Financial (“Evans”). The second mortgage was secured by Binks and two additional properties. Evans also sued to foreclose, but chose only to pursue foreclosure of the…
2Cases cited8 opinions
- Indian River Farms v. YBF PARTNERSDistrict Court of Appeal of Florida · 2001
- Morris North American, Inc. v. KingDistrict Court of Appeal of Florida · 1983
- Saidi v. WaskoDistrict Court of Appeal of Florida · 1996
- Abdoney v. YorkDistrict Court of Appeal of Florida · 2005
- Engels v. ValdesusoDistrict Court of Appeal of Florida · 1986
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3Cited by4 opinions
- Cukierman v. BankAtlanticDistrict Court of Appeal of Florida · 2012
- Bates v. Chicago Lumber Co. of OmahaWyoming Supreme Court · 2016
- Ballantrae Homeowners Association, Inc. v. Federal National Mortgage AssociationDistrict Court of Appeal of Florida · 2016
- Bankers Lending v. JacobsonDistrict Court of Appeal of Florida · 2018