THE CITY OF PENSACOLA, FLORIDA, A FLORIDA MUNICIPAL CORPORATION, APPELLANT,
v.
CHARLES H. BLANCHARD AND VAN A. BLANCHARD, HUSBAND AND WIFE; E. J. GIBBS, JR., IN HIS CAPACITY AS TAX COLLECTOR FOR ESCAMBIA COUNTY, FLORIDA; AND THE STATE OF FLORIDA IN ESCAMBIA COUNTY, FLORIDA; AND JOHN R. JONES, JR., IN HIS CAPACITY AS TAX ASSESSOR OF ESCAMBIA COUNTY, FLORIDA, APPELLEES
THE CITY OF PENSACOLA, FLORIDA, A FLORIDA MUNICIPAL CORPORATION, APPELLANT,
CHARLES H. BLANCHARD AND VAN A. BLANCHARD, HUSBAND AND WIFE; E. J. GIBBS, JR., IN HIS CAPACITY AS TAX COLLECTOR FOR ESCAMBIA COUNTY, FLORIDA; AND THE STATE OF FLORIDA IN ESCAMBIA COUNTY, FLORIDA; AND JOHN R. JONES, JR., IN HIS CAPACITY AS TAX ASSESSOR OF ESCAMBIA COUNTY, FLORIDA, APPELLEES
232 So. 2d 252
Florida District Court of Appeal, First District (1970)
Negative Treatment
Cited by 62 cases
Opinion of the Court
Certiorari denied. See Canal Authority of the State of Florida v. J. T. Miller, Jr., et al., (Fla.App.1969), 230 So.2d 193; Canal Authority of the State of Florida v. C. S. Hayman et al., (Fla.App.1969), 230 So.2d 193; Litzel v. Canal Authority of the State of Florida, (Fla.App.1969), 230 So.2d 164; Miller v. Florida Inland Navigation District, (Fla.App.1961), 130 So.2d 615.
CARROLL, DONALD K., Acting C. J., and WIGGINTON and RAWLS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (62 total)
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Hortensio Delgado and Nellie Geraldine Delgado v. Strong, 360 So. 2d 73 (Fla. 1978)…f equity may refuse to foreclose a mortgage when an acceleration of the due date would render the acceleration unconscionable and the result would be inequitable and unjust. Clark v. Lachenmeier, 237 So. 2d 583 (Fla.2d DCA 1970); Campbell v. Werner, 232 So. 2d 252 (Fla. 3d DCA 1970); Schechtman v. Grobbel, 226 So. 2d 1 (Fla. 2d DCA 1969). Consistent with this principle, courts have denied foreclosure of a mortgage where breach of the mortgage was merely a technical one and such breach did not place the securi…
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David v. SUN Fed. Sav. & Loan Ass'n, 461 So. 2d 93 (Fla. 1984)…der the acceleration unconscionable. It is well established in this state that an acceleration clause or promise in a mortgage confers a contract right upon the note or mortgage holder which he may elect to enforce upon default. Campbell v. Werner, 232 So. 2d 252, 255 (Fla. 3d DCA 1970). Safeguarding the validity of such contracts, and assuring the right of enforcement thereof, is an obligation of the courts which has constitutional dimensions. Id. at 256. See also art. I, § 10, U.S. Const.; Declaration of R…
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Knight Energy Servs., Inc. v. Amoco OIL Co., 660 So. 2d 786 (Fla. 4th DCA 1995)…te. Moore, 475 So. 2d at 668. In David v. Sun Federal Savings & Loan, Ass’n, 461 So. 2d 93 (Fla.1984), the supreme court delineated the equitable grounds upon which foreclosure on an accelerated basis can be denied. Quoting from Campbell v. Werner, 232 So. 2d 252, 256-57 (Fla. 3d DCA 1970), the supreme court explained: Foreclosure on an accelerated basis may be denied when the right to accelerate has been waived or the mortgagee estopped to assert it, because of conduct of the mortgagee from which the mortg…
Previewing 3 of 62 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. Am. Crafts, Inc., 130 So. 2d 615 (Fla. 3d DCA 1961)
- The Canal Auth. of the State of Fla. v. Miller, 230 So. 2d 193 (Fla. 1st DCA 1969)
- Litzel v. The Canal Auth. of the State of Fla., 230 So. 2d 164 (Fla. 1st DCA 1969)