MARVIN M. PATRON AND SIMON KONOVER, APPELLANTS,
v.
AMERICAN NATIONAL BANK OF JACKSONVILLE, APPELLEE

Fla. 5th DCA | 1980-04-09
No. NN-329/T1-77
CROSS and SHARP, JJ., and BROWN-LEE, JACKSON 0., Associate Judge, concur.
382 So. 2d 159 Florida District Court of Appeal, Fifth District (1980)

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Holding

The court held that the trial court erred in directing the receiver to disburse funds to the mortgagee for taxes after the mortgagee purchased the property at foreclosure.


Facts & Procedural History

Appellants, mortgagors, appealed an order directing a receiver to disburse funds to the mortgagee for taxes after the mortgagee bought the property at…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants, Marvin M. Patron and Simon Konover, mortgagors, appeal an order directing the receiver of mortgaged property to disburse receivership funds to the mortgagee for the payment of taxes, after the mortgagee had purchased the property at foreclosure sale.

The issues in the instant case are identical to those considered by this court in Patron v. American National Bank of Jacksonville 382 So. 2d 156 (Fla. 5th DCA 1980).

Accordingly, paragraph 6 of the trial court’s order dated March 14, 1979, directing the receiver to disburse all remaining receivership funds to the American National Bank of Jacksonville is reversed, and the cause is remanded to the trial court with directions to enter an order directing American National Bank of Jacksonville to return the disputed funds to the trial court for proper disbursement to Marvin M. Patron and Simon Konover. REVERSED AND REMANDED WITH DIRECTIONS.

CROSS and SHARP, JJ., and BROWN-LEE, JACKSON 0., Associate Judge, concur.


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