Legal Opinion

Sims v. NEW FALLS CORP.

District Court of Appeal of Florida

Decided May 26, 2010No. 3D08-133PublishedCited by 8 opinions

1Opinion of the CourtShepherd, J.

The question in this case is whether a choice of law provision contained in a mortgage, expressly stating it governs that document alone, also governs a separate suit on a promissory note executed simultaneously as part of the same transaction. In the balance lies the validity of a money judgment obtained on the promissory note by the current note holder, New Falls Corporation, against the original borrowers and appellants here, Eugene and Christine Sims. Application of the choice of law provision mandated by the mortgage, Georgia, will result in an affirmance of the final judgment. The…

2Cases cited10 opinions

  1. Boat Town USA v. MERCURY MARINE DIVDistrict Court of Appeal of Florida · 1978
  2. McGhee Interests, Inc. v. Alexander National BankSupreme Court of Florida · 1931
  3. Shaps v. Provident Life & Acc. Ins. Co.Supreme Court of Florida · 2002
  4. BOARD OF PUB. INST. OF DADE CO. v. Fred Howland, Inc.District Court of Appeal of Florida · 1970
  5. Brumick v. MorrisSupreme Court of Florida · 1938

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3Cited by8 opinions

  1. Longest v. Green Tree Servicing LLCDistrict Court, C.D. California · 2015
  2. Katya Hutton v. Michael L. Dykes and J. Christopher Dykes, as Co-Personal Representatives of the Estate of Robert P. DykesWyoming Supreme Court · 2025
  3. Mac Papers, Inc. v. Genesis Press, Inc.Court of Appeals of South Carolina · 2019
  4. Reverse Mortg. Solutions, Inc. v. NunezDistrict Court, S.D. Florida · 2019
  5. Beach Community Bank v. Edward A. Labry, IIICourt of Appeals of Tennessee · 2012

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