TEODORO R. SUAREZ AND ST. PAUL FIRE AND MARINE INSURANCE COMPANY, APPELLANTS,

v.

ERNEST P. WITTE AND MARIA WITTE, HIS WIFE, APPELLEES

Citator

Cited By

• Sparks v. The Charles Wayne Grp., 568 So. 2d 512 (Fla. 5th DCA 1990)
  …in default, including those where the vendee’s only remedy under the contract is to recover purchase money paid. 45 A.L.R. 353, 369 (citing Wilson v. Sunnyside Orchard Co., 33 Idaho 501, 196 P. 302 (1921). Harbour Village at Saga Bay, Inc. v. Dahm, 367 So. 2d 1100 (Fla. 3d DCA 1979) is distinguishable and provides the exception to the rule. In Harbour Village, the purchaser paid purchase money deposits in the form of a letter of credit, to be held in escrow in an interest bearing account by the seller, as sec…
• Marina Funding Grp., Inc. v. Peninsula Prop. Holdings, Inc., 950 So. 2d 428 (Fla. 4th DCA 2007)
  …92 (Fla. 4th DCA 1983). “Since a lien is a charge on property for the payment or discharge of a debt or duty, it stands to reason that where there is no longer a debt or duty owing, no lien can be claimed.” Harbour Village at Saga Bay, Inc. v. Dahm, 367 So. 2d 1100, 1102 (Fla. 3d DCA 1979) (citation omitted). Without a valid existing lien, Broward/Marina has no right to redeem. Broward/Marina did not contest the validity of the satisfaction, but still tried to attack it by a corporate representative’s [*431]…
• Ballantrae Homeowners Ass'n, Inc. v. Fed. Nat'l Mortg. Ass'n, 203 So. 3d 938 (Fla. 2d DCA 2016)
  …0 So. 2d at 430 (“Since a lien is a charge on property for the payment or discharge of a debt or duty, it stands to reason that where there is no longer a debt or duty owing, no lien can be claimed.” (quoting Harbour Vill. at Saga Bay, Inc. v. Dahm, 367 So. 2d 1100, 1102 (Fla. 3d DCA 1979))). III. CONCLUSION In conclusion, Fannie Mae has failed to prove its entitlement to limited liability and an estoppel letter from the Association in that reduced amount. We reverse the final summary judgments entered in fa…

Authorities Cited

• Sirmons v. Pittman, 138 So. 2d 765 (Fla. 1st DCA 1962)
• Buren Duncan v. Laney, 202 So. 2d 793 (Fla. 2d DCA 1967)