Legal Opinion

Southeast Bank, N.A. v. Equitec Leasing Investors 1978

District Court of Appeal of Florida

Decided March 14, 1984No. 83-856PublishedCited by 1 opinion

1Per curiam

Southeast Bank appeals a final summary judgment entered in favor of Equitec Leasing Investors in a mortgage foreclosure proceeding. The summary judgment was granted on grounds that the ownership of the property being foreclosed had been determined in a federal bankruptcy proceeding.

We have thoroughly reviewed the matter and hold Southeast Bank collaterally es-topped from relitigating the ownership in the state court herein. Freehling v. MGIC Financial Corporation, 437 So.2d 191 (Fla. 4th DCA 1983), holds this doctrine applicable under the circumstances of this case. The major contested issue…

2Cases cited3 opinions

  1. Official Creditors' Committee of the Wesco Products Co. Ex Rel. Wesco Products Co. v. Alloy Automotive Co. (In Re Wesco Products Co.)United States Bankruptcy Court, N.D. Illinois · 1982
  2. Freehling v. MGIC Financial Corp.District Court of Appeal of Florida · 1983
  3. Aerojet-General Corp. v. AskewDistrict Court, N.D. Florida · 1973

3Cited by1 opinion

  1. Brennan v. LyonDistrict Court, M.D. Florida · 1996

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