Legal Opinion

Snoddy v. NCNB National Bank of Florida

District Court of Appeal of Florida

Decided January 30, 1991No. 90-0798PublishedCited by 2 opinions

1Per curiam

We affirm. The order awarding appellant attorney’s fees did not create a judgment lien as it was not a recordable instrument. §§ 28.29 and 55.10, Fla.Stat. (1989). Recording the nonrecordable order was a nullity. See Malsby v. Gamble, 61 Fla. 327, 54 So. 766 (Fla.1911). Appellant had no legal claim to the receivership funds remaining after the foreclosure sale, and therefore no standing to challenge the trial court’s order which disbursed the funds to appellee.

GUNTHER and GARRETT, JJ., and MCNULTY, JOSEPH P„ Associate Judge, concur.

2Cases cited2 opinions

  1. Wiltcher v. StateMississippi Supreme Court · 1910
  2. Malsby v. GambleSupreme Court of Florida · 1911

3Cited by2 opinions

  1. Birdsall v. Crowngap, Ltd.District Court of Appeal of Florida · 1991
  2. Grant v. Louis (In re Coleman)United States Bankruptcy Court, M.D. Florida · 1995