Legal Opinion

Myers v. Lewis State Bank

District Court of Appeal of Florida

Decided January 8, 1985No. AY-370Published

1Opinion of the Court

MILLS, Judge.

Myers appeals from a final judgment of foreclosure. We affirm.

On 23 October 1978, Myers sold all the capital stock of Seminole Distributors, Inc. (Seminole) to David and Mary McNamara (the McNamaras). As part of the transaction, Seminole executed a promissory note to the Lewis State Bank (LSB) for $210,-000, and the McNamaras each executed personal guaranties to LSB for $210,000. As further security for the $210,000, the McNamara’s and Myers executed and delivered a mortgage to LSB. The mortgage covered property owned by Myers and property owned by the McNamaras.

On 26 October…

2Cases cited3 opinions

  1. MacCulley v. Fidelity Federal Savings & Loan Ass'n of OcalaDistrict Court of Appeal of Florida · 1976
  2. Widmann v. HammackWashington Supreme Court · 1920
  3. Vaughan B. Connelly, Debtor v. Central States Southeast and Southwest Areas Pension FundCourt of Appeals for the Fifth Circuit · 1963

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