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Holly Hill Acres, Ltd. v. Charter Bank of Gainesville

Florida Court of Appeals, Second District

May 30, 1975

HOLLY HILL ACRES, LTD., a limited partnership, Appellant,
v.
CHARTER BANK OF GAINESVILLE, a banking corporation, et al., Appellees.

Rehearing Denied July 11, 1975.

Page 210

Robert D. Gatton, of Johnson, Motsinger, Trismen & Sharp, Orlando, for appellant.

Allison E. Folds, of Fagan, Crouch, Anderson & Folds, Gainesville, for appellee, Charter Bank of Gainesville.

SCHEB, Judge.

Appellant/defendant appeals from a summary judgment in favor of appellee/plaintiff Bank in a suit wherein the appellee sought to foreclose a note and mortgage given by appellant.

The appellee Bank was the assignee from appellees Rogers and Blythe of a promissory note and purchase money mortgage executed and delivered by the appellant. The note, executed April 28, 1972, contains the following stipulation:

This note with interest is secured by a mortgage on real estate, of even date herewith, made by the maker hereof in favor of the said payee, and shall be construed and enforced according to the laws of the State of Florida. The terms of said mortgage are by this reference made a part hereof. (Emphasis supplied.)

Rogers and Blythe assigned the promissory note and mortgage in question to the appellee to secure their own note. Appellee sued appellant and joined Rogers and Blythe as defendants alleging a default on ...


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