REPUBLIC NATIONAL LIFE INSURANCE COMPANY, APPELLANT,
v.
CREATIVE INVESTMENTS REAL ESTATE, INC. AND CROSS-ROADS CONTRACTING, INC., APPELLEES

Fla. 5th DCA | 1983-04-06
No. 82-528
DAUKSCH and FRANK D. UP-CHURCH, Jr., JJ., concur.
429 So. 2d 87 Florida District Court of Appeal, Fifth District (1983) Positive Treatment
Cited by 2 cases
Topics
Counterclaim For Damages Mortgage Foreclosure

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Opinion of the Court
SHARP, Judge.

SHARP, Judge.

Republic National Life Insurance Company appeals from a judgment entered after a non-jury trial. The court denied Republic’s suit to foreclose a mortgage on property known as Eagle’s Rest Subdivision, located in Orange County. The judgment also allowed the mortgagor, Creative Investments Real Estate, Inc., damages on its counterclaim. We affirm the judgment except for a nine thousand one hundred dollar ($9,100.00) component which we think the court should have disallowed.

The court found this item constituted “Funds paid by the Defendant, CREATIVE INVESTMENTS REAL ESTATE, INC., to purchase an irrevocable line of credit in connection with the development of the project.” Unlike the other items of damage which relate to Creative’s damages caused by Republic’s wrongful foreclosure suit, the bond for the development was required for the privilege of subdividing the mortgaged land, and the record does not show it was lost or denied to Creative as a result of the foreclosure. Accordingly, we modify the judgment by reducing it by nine thousand one hundred dollars ($9,100.00).

AFFIRMED AS MODIFIED.

DAUKSCH and FRANK D. UP-CHURCH, Jr., JJ., concur.

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  • The Bank OF NEW York Mellon under Novastar Mortg. Funding Tr. v. Reyes, 126 So. 3d 304 (Fla. 3d DCA 2013)
    …on). . We note that while Florida recognizes a cause of action for wrongful foreclosure, no Florida court has yet recognized a cause of action for attempted wrongful foreclosure. See Republic Nat'l Life Ins. Co. v. Creative Invs. Real Estate, Inc., 429 So. 2d 87 (Fla. 5th DCA 1983); Raines v. GMAC Mortgage Co., No. 3:09-CV-00477-J-25HTS, slip op. at 2 (M.D.Fla. Dec. 10, 2009) ("Based on ... limited information [detailed in a single opinion] and the lack of relevant case law in Florida, the Court does not be…

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