MIAMI NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, APPELLANT,
v.
CITATION HOMES, INC., A FLORIDA CORPORATION, ET AL., 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 the priority of liens on real property. The appellate court reviewed a final decree that determined a mortgage lien was valid but inferior to mechanic's liens. The court affirmed the lower court's decision.
The mortgage lien is valid but inferior to the mechanic's liens.
“The sole question raised by this appeal concerns the priority of the liens.”
Identifies the central legal issue of the appeal.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMiami National Bank appealed a final decree in a mortgage foreclosure action. The decree found the bank's mortgage valid but subordinate to mechanic's…
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.
Explore caselaw by topic → Browse Lien Priority cases and more on FLexlaw
By this appeal, Miami National Bank seeks review of a final decree in an action to foreclose a mortgage on certain real property located in Dade County, Florida. The final decree adjudged the appellant’s mortgage good and valid but that the lien of such mortgage was inferior to mechanic’s liens claimed by appellees under Chapter 84, Fla.Stat., F.S.A. The decree was entered upon a pre-trial stipulation of fact together with certain documentary evidence and testimony.
The sole question raised by this appeal concerns the priority of the liens. This mixed question of law and fact was one to be determined by the chancellor upon the probative force, weight and credibility to be given the evidence. See East Coast Lumber & Surety Co., Inc. v. Tacinelli, 143 Fla. 793, 197 So. 446; also W. T. Price Dredging Corp. v. Suarez, 147 Fla. 253, 2 So.2d 740.
*156Viewing the record in the light of the foregoing, we conclude that the decree of the chancellor is amply supported and, accordingly, is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gamma Dev. Corp. v. Am. Pioneer Sav. Bank, 507 So. 2d 793 (Fla. 4th DCA 1987)…material issues of disputed fact regarding the application of the subordination clause and there were disputed questions of fact and law regarding the issue of priority between the mortgages in question. Miami National Bank v. Citation Homes, Inc., 157 So. 2d 155 (Fla. 3d DCA 1963). Reversed and remanded. DOWNEY, GLICKSTEIN and WALDEN, JJ., concur.…
Authorities Cited
- W. T. Price Dredging Corp. & Coconut Grove Exch. Bank v. Nio Suarez, 147 Fla. 253 (Fla. 1941)
- Poland v. Cooper, 143 Fla. 729 (Fla. 1940)
- E. Coast Lumber & Sur. Co. v. Tacinelli, 143 Fla. 793 (Fla. 1940)