HOUSEHOLD REALTY CORPORATION, APPELLANT,
v.
TRANSAMERICA FINANCIAL SERVICES, INC., A CALIFORNIA CORPORATION, APPELLEE
HOUSEHOLD REALTY CORPORATION, APPELLANT,
TRANSAMERICA FINANCIAL SERVICES, INC., A CALIFORNIA CORPORATION, APPELLEE
655 So. 2d 163
Florida District Court of Appeal, Fourth District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
FARMER, Judge.
Concluding as we do that there is no evidence to support a finding of the kind of misconduct allowing equitable remedies to supplant the established legal rule of “first in time, first in right,” we reverse the final judgment of foreclosure and remand with instructions to restore Household’s priority as the first mortgage holder and to proceed to foreclose its superior mortgage accordingly.
GUNTHER and SHAHOOD, JJ., concur.
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J. M. v. State, 884 So. 2d 481 (Fla. 4th DCA 2004)…tutes (2002), establishes that proof of stealthy entry is prima facie evidence of entering with intent to commit an offense. The statutory presumption is sufficient to create a prima facie case and avoid a judgment of acquittal. See Thomas v. State, 655 So. 2d 163 (Fla. 4th DCA 1995) (finding defendant’s self-serving statements for reason for breaking into home in early hours of morning did not negate statutory presumption so as to preclude submission of case to jury to evaluate defendant’s explanation along…
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M.W. v. State, 201 So. 3d 729 (Fla. 4th DCA 2016)…at the gym. That testimony was not before the trial court when it ruled on the motion for judgment of dismissal at the close of the state’s case. In any event, the testimony did not overcome the statutory presumption of intent. See Thomas v. State, 655 So. 2d 163, 164 (Fla. 4th DCA 1995) (“We cannot agree that the defendant’s self-serving statements concerning his allegedly innocent reasons for breaking and entering into the victim’s home in the early hours of the morning are sufficient to impair the statuto…