DUVAL FEDERAL SAVINGS AND LOAN ASSOCIATION, APPELLANT,
v.
HALLMARK BUILDERS, INC., ETC., APPELLEE
ORFINGER, Judge.
There is nothing in the pleadings or in this record which supports a conclusion that appellant, as the construction lender, retained any of the construction loan funds in its possession which should have been paid to appellee, the builder. There is thus no basis for the imposition of an equitable lien against the lender nor any legal basis for the award of a money judgment against the lender. The judgment awarding appel-lee the sum of $11,007.46, plus interest, is therefore reversed. See Snead Construction Corporation v. First Federal Savings & Loan Association of Orlando, 342 So. 2d 517 (Fla. 1st DCA 1976). Cf. Morgen-Oswood & Associates, Inc. of Florida v. Continental Mortgage Investors, 323 So. 2d 684 (Fla. 4th DCA 1975), cert. dismissed, 342 So. 2d 1100 (Fla.1977).
REVERSED.
DAUKSCH and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Buffalo Tank Corp. v. Env't Control Equip., Inc., 544 So. 2d 1037 (Fla. 2d DCA 1989)…this court. This court cannot grant Buffalo Tank any effectual relief since there no longer is a fund upon which an equitable lien could be impressed. Thus, the issue on appeal is moot. See Duval Fed. Sav. and Loan Ass’n v. Hallmark Builders, Inc., 519 So. 2d 1035 (Fla. 5th DCA 1988); Montgomery v. Dep’t of Health and Rehabilitative Services, 468 So. 2d 1014 (Fla. 1st DCA 1985). Even if the case were not moot, Buffalo Tank failed to allege the absence of an adequate remedy at law against ECE. In order to ple…
Authorities Cited
- Morgen-Oswood & Assocs. v. Cont'l Mortg. Invs., 323 So. 2d 684 (Fla. 4th DCA 1975)
- Snead Constr. Corp. v. First Fed. Sav. & Loan Ass'n OF Orlando & Daytona Beach Fed. Sav. & Loan Ass'n, 342 So. 2d 517 (Fla. 1st DCA 1976)