CHALFONTE CONDOMINIUM APARTMENT ASSOCIATION, INC., ET AL., APPELLANTS,
v.
CHALFONTE DEVELOPMENT CORPORATION, ETC., 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.
The court affirmed the trial court's order allowing disbursement of escrowed recreational lease payments for mortgage payments on property covered by the lease, rejecting the argument that apportionment was required because the mortgage initially covered other lands.
A trial court properly authorized disbursement of escrowed recreational lease payments to satisfy a mortgage on the leased property without apportioning the amount based on the mortgage's initial coverage of other lands.
[1] Disbursement of escrowed lease payments for mortgage payments on the leased property does not require apportionment based on the mortgage's initial coverage of other land…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellants, a condominium association, paid rental payments on a recreational lease into the court registry while challenging the lease. Appellees obt…
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 Court Registry cases and more on FLexlaw
DOWNEY, Chief Judge.
While this suit attacking, among other things, a long term recreational lease was pending, appellants have been paying the rental payments on the recreational lease into the Registry of the Court pursuant to Section 711.63(4), Florida Statutes (1975) (now 718.401(4)), Florida Statutes (1976). Appellees Gilmans and Builders Investment Group obtained an order from the trial court allowing disbursement from the funds in the Court registry for the purpose of making mortgage payments on a mortgage encumbering the property involved in the recreational lease. It is this order which is being appealed.
We have considered appellants’ argument the thrust of which is that, since the mortgage in question initially covered lands other than those covered by recreational lease, the trial court erred in not apportioning the amount to be disbursed for the mortgage payments. The only land presently covered by the mortgage is the land covered by the recreational lease. We find that appellants have not demonstrated error. The rationale of Palm-Aire Country Club Condominium Association No. 2., Inc. v. F. P. A. Corporation, 357 So. 2d 249 (Fla. 4th DCA 1978), supports the trial judge’s ruling.
Accordingly, the order appealed from is affirmed.
AFFIRMED.
CROSS and DAUKSCH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Palm-Aire Country Club Condo. Ass'n NO. 2, Inc. v. F.P.A. Corp., 357 So. 2d 249 (Fla. 4th DCA 1978)