Legal Opinion
Feinstein v. Ashplant
District Court of Appeal of Florida
Decided July 25, 2007No. 4D06-2446Published
1Opinion of the Court
961 So.2d 1074 (2007)
Mark FEINSTEIN, Appellant,
v.
William H. ASHPLANT, Appellee.
No. 4D06-2446.
District Court of Appeal of Florida, Fourth District.
July 25, 2007.
Jason B. Dubow of Dubow, Dubow & Wallace, Dania Beach, for appellant.
No brief filed for appellee.
KLEIN, J.
Appellant obtained a summary judgment of foreclosure of a mortgage against appellee, but the trial court refused to award appellant a prepayment fee which was required by the promissory note. The pertinent portion of the note provided:
Acceleration of the debt as set forth hereinunder constitutes an involuntary prepayment for which…
2Cases cited5 opinions
- WESTMARK IV v. Teenform AssociatesNew Jersey Superior Court Appellate Division · 2003
- FLORIDA NAT. BANK OF MIAMI v. BankatlanticSupreme Court of Florida · 1991
- FLORIDA NAT. BANK v. BankatlanticDistrict Court of Appeal of Florida · 1990
- Feinstein v. New Bethel Missionary BaptistDistrict Court of Appeal of Florida · 2006
- Webber v. StateDistrict Court of Appeal of Florida · 2007