Legal Opinion · Dissent

Bliss v. Carmona

District Court of Appeal of Florida

Decided June 15, 1982No. 81-1676Published

1DissentBaskin, Judge

I disagree with the majority opinion because, in my view, the testimony does not support the majority’s finding that Carmo-na failed to comply with the judgment of specific performance.

Furthermore, the purchase money mortgage appears in both the warranty deed and the mortgage deed as subject to the prior outstanding mortgages and fourth in position. Appellant agreed to relinquish any legal priority the purchase money mortgage might otherwise have enjoyed. See Graham v. Commonwealth Life Insurance Co., 114 Fla. 585, 154 So. 335 (1934); Williams, Salomon, Kanner & Damian v. American Bankers…

2Cases cited4 opinions

  1. Graham v. Commonwealth Life InsuranceSupreme Court of Florida · 1934
  2. Roberts v. HarkinsDistrict Court of Appeal of Florida · 1974
  3. Williams, Salomon, Etc. v. Am. BankersDistrict Court of Appeal of Florida · 1979
  4. Am. Bankers Life v. Williams, Salomon, KannerDistrict Court of Appeal of Florida · 1981

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