HOWARD SCHONINGER, ETC., APPELLANT,
v.
K MART CORPORATION AND LEVITZ FURNITURE CORPORATION, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case concerns lien priority between a mortgage holder (Whitice) and a judgment creditor (First Union Bank) regarding two parcels of property owned by Levitz, where Whitice's corrected mortgage aimed to include both parcels.
A corrected mortgage description does not relate back to the original execution date to make the lien superior to a prior judgment creditor's lien on property not included in the original description.
Whitice Bonding Agency held a mortgage on two parcels of property owned by Levitz, with First Union Bank holding a judgment lien on one parcel (lot 54…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
PER CURIAM.
Affirmed. See Lakeland Ideal Farm & Drainage Dist. v. Mitchell, 97 Fla. 890, 122 So. 516 (1929); see also Della-Donna v. Gore Newspaper Co., 390 So. 2d 87 (Fla. 3d DCA 1980), pet. for review denied, 399 So. 2d 1141 (Fla.1981).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ned Schuster and Suzanne Schuster v. Blue Cross & Blue Shield OF Fla., Inc., 843 So. 2d 909 (Fla. 4th DCA 2003)…money, or for the loss of money by one who is entitled to its use .... ” Black’s Law DICTIONARY 816 (7th ed.1999). Here, it was the providers' — not the Schusters— who lost the use of their money for a time. Cf. Riera v. Finlay Med. Ctrs. HMO Corp., 543 So. 2d 372, 373 (Fla. 3d DCA 1989). Confession of Judgment Finally, the Schusters assert that they were entitled to judgment in their favor because BCBSF’s payment of the outstanding claims after the commencement of litigation was tantamount to a confession…
-
Humana Health Plans v. Lawton, 675 So. 2d 1382 (Fla. 5th DCA 1996)…agreement provided that his recovery was for non-economic damages, and even though, under common law, an insurer cannot collect against an insured who does not make a full recovery. Humana relies on Riera v. Finlay Medical Centers HMO Corporation, 543 So. 2d 372 (Fla. 3d DCA 1989), in which the plaintiff-subscriber sued the HMO claiming that it should have paid certain medical bills. During the pendency of the suit the plaintiff settled with the tortfeasor for $100,000, and [*1384] the HMO apparently amende…
-
Augustin v. Health Options OF S. Fla., Inc., 580 So. 2d 314 (Fla. 3d DCA 1991)…o bring the instant action to protect her interests, and (2) the trial court’s determination to the contrary was in error. See, e.g., Medical Center Health Plan v. Brick, 572 So. 2d 548 (Fla. 1st DCA 1990); Riera v. Finlay Medical Centers HMO Corp., 543 So. 2d 372 (Fla. 3d DCA 1989). Second, the defendant Health Options, during the pendency of this action, eventually changed its entire position in this matter and made full payment to the specialized physician as prayed for in the plaintiffs complaint, which…
Authorities Cited
- Lakeland Ideal Farm & Drainage Dist. v. Mitchell, 97 Fla. 890 (Fla. 1929)
- Alphonse Della-Donna v. Gore Newspaper Co., 390 So. 2d 87 (Fla. 3d DCA 1980)