NEW PORT LARGO, INC., APPELLANT,
v.
MARY ANNE MUNZ, AS PERSONAL REPRESENTATIVE AND SUBSTITUTE TRUSTEE, APPELLEE
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PER CURIAM.
On this appeal by a second mortgagor, we find no error in the determinations below accelerating the debt and ordering foreclosure of the mortgage in question. See David v. Sun Federal Savings & Loan Association, 461 So. 2d 93 (Fla.1984). We find, however, that the payments already made entitle the appellant to a release from the instant mortgage1 of the two acres of the property described in paragraph 5 of the release addendum. See Tampa Federal Savings & Loan Association v. Aeon, Inc., 403 So. 2d 1002 (Fla. 2d DCA 1981). Accordingly, the final judgment of foreclosure shall be amended after remand to exclude those two acres. The judgment under review is otherwise affirmed.
Affirmed as amended.
. Of course, this ruling has no effect upon the application of the first mortgage to all the subject property.
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Telf Corp. v. Ivon Gomez, 671 So. 2d 818 (Fla. 3d DCA 1996)…1st DCA 1968). Further, a defendant may not impeach the validity of the summons with a simple denial of service, but must present ‘clear and convincing evidence’ to corroborate his denial. Halphen, 641 So. 2d at 496; Jefferson Bank & Trust v. Levy, 498 So. 2d 450 (Fla. 3d DCA 1986). Where as here, the individual appellant, who happens also to be the resident agenVofficer/direetor/shareholder of the corporate appellant, sought to attack the service of process with uncorroborated affidavits that he did not res…
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Fla. Nat'l Bank v. Leyda Halphen, 641 So. 2d 495 (Fla. 3d DCA 1994)…not satisfied this high burden of proof: denial by the defendant that she was personally served and testimony that she was not a resident at her mother’s address, where she visited, is insufficient to impeach service, Jefferson Bank & Trust v. Levy, 498 So. 2d 450, 451 (Fla. 3d DCA 1986); Slomowitz v. Walker, 429 So. 2d 797 (Fla. 4th DCA 1983), deemed sufficient by the court entering the default judgment. The trial court erred in setting aside the default judgment; the order is reversed and the cause is reman…
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Smith v. Cuban Am. Nat'l Found., 657 So. 2d 86 (Fla. 3d DCA 1995)…ct an evidentiary hearing as the unre-futed return of service was sufficient to establish that the service of process was entirely proper in this case. Florida Nat’l Bank v. Halphen, 641 So. 2d 495 (Fla. 3d DCA 1994); Jefferson Bank & Trust v. Levy, 498 So. 2d 450 (Fla. 3d DCA 1986); Slomowitz v. Walker, 429 So. 2d 797 (Fla. 4th DCA 1983). Affirmed.…
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- David v. SUN Fed. Sav. & Loan Ass'n, 461 So. 2d 93 (Fla. 1984)
- Tampa Fed. Sav. & Loan Ass'n v. Aeon, Inc., 403 So. 2d 1002 (Fla. 2d DCA 1981)
- Sarasota Cnty. v. City OF N. Port, 403 So. 2d 1002 (Fla. 2d DCA 1981)