Waters v. Futch

I dissent because I think this case is indistinguishable from, and therefore necessarily controlled by, David v. Sun Federal Savings & Loan Association, 461 So.2d 93 (Fla.1984) and Community Federal Savings & Loan Association v. Orman, 473 So.2d 205 (Fla.1985).

In this case, the mortgagees, Thomas and Lucile Waters, are appealing from a final judgment denying acceleration of a note and foreclosure of a mortgage. The trial court denied acceleration and foreclosure because the major and most current default, payment of an installment of principal and interest with a bad check, “was more the…