EXECUTIVE SQUARE, LTD., APPELLANT,
v.
DELRAY EXECUTIVE SQUARE, LTD., A FLORIDA LIMITED PARTNERSHIP, APPELLEE

Fla. 4th DCA | 1989-06-28
No. 88-1918
DOWNEY, DELL and STONE, JJ., concur.
546 So. 2d 434 Florida District Court of Appeal, Fourth District (1989) Caution
Cited by 49 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We find no merit in appellant’s argument that the trial court exceeded its jurisdiction when it entered its order requiring appellant to deposit rents into the registry of the court. The assignment of rents became absolute upon appellant’s default and operative upon written demand by appellee. § 697.07, Fla.Stat. (1987). Appellant quoted part of section 697.07 but failed to quote the operative language which provides:

A mortgage may provide for an assignment of rents. If such assignment is made, such assignment shall be absolute upon the mortgagor’s default, becoming operative upon written demand made by the mortgagee.

See also In re Aloma Square, Inc., 85 B.R. 623 (Bkrtcy.M.D.Fla.1988); In re Mears, 88 B.R. 419 (Bkrtcy.S.D.Fla.1988).

We find no merit in appellant’s remaining points on appeal. Accordingly, we affirm.

AFFIRMED.

DOWNEY, DELL and STONE, JJ., concur.


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Cited By (24 total)

  • Carolann D. Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993)
    …McDonald, justice. We review Kozel v. Ostendorf, 603 So. 2d 602 (Fla. 2d DCA 1992), which directly conflicts with Clay v. City of Margate, 546 So. 2d 434 (Fla. 4th DCA), review denied, 553 So. 2d 1164 (Fla.1989). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. We quash Kozel. Carolann Kozel filed a medical malpractice complaint against Steven Ostendorf on Jul…
  • HAM v. Dunmire, 891 So. 2d 492 (Fla. 2004)
    …ssed when the malfeasance can be adequately addressed through the imposition of a contempt citation or lesser degree of punishment directly on counsel. See Beasley, 61 So. 2d at 180-81. This principle was properly applied in Clay v. City of Margate, 546 So. 2d 434 (Fla. 4th DCA 1989), where the Fourth District reversed a trial court order dismissing an action due to the plaintiffs untimely filing of a response to a motion for a more definite statement. See id. at 435. The district court reversed the trial cou…
  • Carr v. Dean Steel Bldgs., Inc., 619 So. 2d 392 (Fla. 1st DCA 1993)
    …h any rule or order of the court. Allstate Insurance Co. v. Montgomery Ward, 538 So. 2d 974, 975 (Fla. 5th DCA 1989). The decision to impose the harsh sanction of dismissal of an action is a matter of trial court discretion. Clay v. City of Margate, 546 So. 2d 434, 435 (Fla. 4th DCA); review denied, 553 So. 2d 1164 (Fla.1989); Clifford Ragsdale, Inc. v. Morganti, Inc., 356 So. 2d 1321, 1323 (Fla. 4th DCA), cert, denied, 362 So. 2d 1051 (Fla.1978). Nevertheless, dismissal is a drastic remedy which should be us…

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