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