Gardner v. Guldi

THOMAS, P., Associate Judge.

The appellants, Joseph and Mary Gardner, are judgment creditors in a mortgage foreclosure action against Max and Mary Mustard. The Gardners challenge the trial court’s determination of the priority of their judgment lien in the foreclosure action. We reverse.

In November of 1990, the Mustards executed a mortgage on their property in Putnam County to Barnett Bank (not a party to this action) to secure payment of a $50,050 note. This mortgage is an open-ended mortgage authorized by section 697.04, Florida Statutes, and contains a future advance clause which states as…