CODE HUNTER, LLP., A CANADIAN LIMITED LIABILITY PARTNERSHIP
v.
CASA MARISOL DE AUGUSTIN, LLC., A FLORIDA LIMITED LIABILITY COMPANY, DANIEL WALTER HILL AND ANNE HILL

Fla. 5th DCA | 2022-02-11
No. 21-0546
Maltz, J., Lambert, C.J., Traver, J., Wozniak, J.
Florida District Court of Appeal, Fifth District (2022)

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Holding

A mortgage used to secure future advances must contain an express 'future advances' provision consistent with section 697.04, Florida Statutes, and clear and unambiguous contracts must be enforced pursuant to their plain language.


Headnotes

[1] A mortgage securing future advances must contain an express 'future advances' provision consistent with Florida Statute § 697.04 to be enforceable as to those advances.

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Key Quotes

“[w]here a contract is clear and unambiguous, it must be enforced pursuant to its plain language”

Citation to Hahamovitch v. Hahamovitch, 174 So. 3d 983, 986 (Fla. 2015)

Facts & Procedural History

Code Hunter, LLP, a Canadian limited liability partnership, appealed a circuit court judgment in a case involving Casa Marisol de Augustin, LLC, and D…

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Opinion of the Court
Lambert

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CODE HUNTER, LLP, A CANADIAN LIMITED

LIABILITY PARTNERSHIP,

Appellant,

v. Case No. 5D21-546 LT Case No. 2018-CA-458 CASA MARISOL DE AUGUSTIN, LLC, A FLORIDA LIMITED LIABILITY COMPANY, DANIEL WALTER

HILL AND ANNE HILL,

Appellees. ________________________________/ Opinion filed February 11, 2022 Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge. Michael J. Korn, of Korn & Zehmer, P.A., Jacksonville, for Appellant. J. Russell Collins, Rusty Law, LLC, Saint Augustine, for Appellees. PER CURIAM. AFFIRMED. See Hahamovitch v. Hahamovitch, 174 So. 3d 983, 986 (Fla. 2015) (“[w]here a contract is clear and unambiguous, it must be

Footnotes
2 enforced pursuant to its plain language”); Nack Holdings, LLC v. Kalb, 13 So. 3d 92, 96 (Fla. 3d DCA 2009) (noting a mortgage used to secure future advances must contain an express “future advances” provision consistent with section 697.04, Florida Statutes). LAMBERT, C.J., TRAVER and WOZNIAK, JJ., concur.

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