MARY L. LAW, APPELLANT,
v.
NCNB NATIONAL BANK OF FLORIDA, F/K/A GULFSTREAM BANK, N.A., APPELLEE
PER CURIAM.
By interlocutory order the trial court ordered the appellant-mortgagor to make the monthly principal payments into an interest bearing escrow account during this foreclosure proceeding. Appellant seeks reversal of that order by interlocutory appeal. Appellant contends the court is without authority to require appellant to make said payments under the facts of this case. We agree.
Florida Rule of Civil Procedure 1.600 authorizes the voluntary payment of money into the registry of the court under certain circumstances. However, it does not authorize the court to require payment of funds into the court registry without some legal justification. See 23 Am.Jur.2d, Deposits In Court, § 2; 13 Fla.Jur.2d, Courts And Judges, § 210. We find no legal justification in this case to require the mortgagor to make mortgage payments into the registry of the court pendente lite.
Accordingly, the order appealed from is reversed.
DOWNEY, BERANEK and GLICK-STEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Konover Realty Assocs., Ltd. v. Mladen, 511 So. 2d 705 (Fla. 3d DCA 1987)…a cases that in an action at law for money damages, there is simply no judicial authority for an order requiring the deposit of the amount in controversy into the registry of the court, Ramos, 494 So. 2d at 298; Law v. NCNB National Bank of Florida, 452 So. 2d 1119 (Fla. 4th DCA 1984); Wincast Associates, Inc. v. Hickey, 320 So. 2d 17 (Fla. 4th DCA 1975), or indeed for any restraint upon the use of a defendant’s unrestricted assets3 prior to the entry of judgment. Stewart v. Manget, 132 Fla. 498, 181 So. 370 (…
-
Hughes v. First Fed. Sav. & Loan Ass'n, 621 So. 2d 557 (Fla. 4th DCA 1993)…perfected this appeal. We find no reason presented by the appellate papers to deviate from the long standing rule announced in Felty v. State, Department of Environment Regulation, 601 So. 2d 310 (Fla. 4th DCA 1992) and Law v. NCNB National Bank, 452 So. 2d 1119 (Fla. 4th DCA 1984). Deposits in the court registry are controlled generally by Florida Rule of Civil Procedure 1.600. Nothing contained herein would authorize the trial court to require deposit of payments due on the mortgage in controversy into th…
-
Leon v. Franchise Stores Realty Corp., 549 So. 2d 822 (Fla. 4th DCA 1989)…all or any part of such sum or thing with the court upon notice to every other party and by leave of court. Money paid into court under this rule shall be deposited and withdrawn by order of court. However, in Law v. NCNB National Bank of Florida, 452 So. 2d 1119 (Fla. 4th DCA 1984), this court refers to Florida Rule of Civil Procedure 1.600 as authorizing a party’s voluntary payment of money into the court registry. The instant case does not involve a voluntary deposit by a party, but rather a request by on…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence