Legal Opinion

McElwain Associates, Inc. v. Culbreth

District Court of Appeal of Florida

Decided August 6, 1982No. AG-490PublishedCited by 2 opinions

1Opinion of the Court

JOANOS, Judge.

In this appeal, following a final judgment of foreclosure on the home of the appellees, appellant, McElwain Associates, Inc., challenges the manner in which certain payments made by the Culbreths were applied by the trial court to the debts owed McEl-wain Associates by the Culbreths. We approve of the reasoning employed by the trial court and affirm the final judgment of foreclosure.

The Culbreths became indebted to McEl-wain Associates on three obligations: an equipment note, dated January 21, 1975, with principal in the amount of $9,377.00; an unsecured personal note, dated…

2Cases cited3 opinions

  1. Randall v. PettesSupreme Court of Florida · 1868
  2. Hicks v. Mid-Florida Production Credit Ass'nDistrict Court of Appeal of Florida · 1979
  3. Frieslander v. MahonDistrict Court of Appeal of Florida · 1981

3Cited by2 opinions

  1. Crum v. United States Fidelity and Guar. Co.District Court of Appeal of Florida · 1985
  2. Stein v. Lavay (In Re Omni Capital Group, Ltd.)United States Bankruptcy Court, S.D. Florida. · 1993

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