DANNY BRIDGES, APPELLANT,
v.
GERALDINE R. FIBLE, UNMARRIED, APPELLEE

Fla. 1st DCA | 1971-06-24
No. O-216
CARROLL, DONALD K., Acting C. J., RAWLS, J., and MASON, ERNEST E., Associate Judge, concur.
249 So. 2d 707 Florida District Court of Appeal, First District (1971) Negative Treatment
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause having been orally argued before the Court, the briefs and record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment of the lower court hereby appealed is affirmed.

CARROLL, DONALD K., Acting C. J., RAWLS, J., and MASON, ERNEST E., Associate Judge, concur.


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Citator

Cited By

  • First Fed. Sav. & Loan Ass'n of Englewood v. Lockwood, 385 So. 2d 156 (Fla. 2d DCA 1980)
    …relied on impairment of security as an essential element of a plaintiffs right to foreclose a mortgage. Delgado v. Strong, 360 So. 2d 73 (Fla.1978); St. Martin v. McGee, 82 So. 2d 736 (Fla.1955); Home Fed. Sav. & Loan Ass’n of Palm Beach v. English, 249 So. 2d 707 (Fla.4th DCA 1971) (necessity of allegation of impairment of security recognized by trial court but appellate court found it unnecessary to rule on the question); Schechtman v. Grobbel, 226 So. 2d 1 (Fla.2d DCA 1969) Accord, Brown v. Avemco Inv. Co…
  • Sec. First Fed. Sav. & Loan Ass'n v. Jarchin, 479 So. 2d 767 (Fla. 5th DCA 1985)
    …oth without the written consent of the mortgage holder and without assumption in the regular form of law before its due on sale clause applies. This wording has been previously considered in Home Federal Saving & Loan Assn. of Palm Beach v. English, 249 So. 2d 707 (Fla. 4th DCA 1971), and as such this Court finds that the mortgage in question is not controlled by the Garn St. Germain Depository Institution’s Act.... Accordingly, the Court finds that the defendant, Security First Federal Savings & Loan Associ…
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  • Consol. Cap. Props., II, Ltd. v. Nat'l Bank OF N. Am., 420 So. 2d 618 (Fla. 5th DCA 1982)
    …transferee, in particular impairment of security, as an essential element of a plaintiff’s right to foreclose a mortgage. Delgado v. Strong; St. Martin v. McGee, 82 So. 2d 736 (Fla.1955); Home Federal Savings & Loan Ass’n. of Palm Beach v. English, 249 So. 2d 707 (Fla. 4th DCA 1971). Said the court: We have noted divergent lines of cases throughout the United States dealing with the issue of due-on-sale clause enforcement. The common thread running through the various theoretical approaches is that such cla…

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