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COOPER SMITH PROP., LTD. v. Flower's Baking Co.

Cooper Smith Prop., Ltd. v. Flower's Baking Co., 432 So. 2d 683 (Fla. Dist. Ct. App. 1983)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 2, 1983
Docket
No. 82-1331
Judges
Orfinger
Citations
432 So. 2d 683
Cited by 11 2 descriptions by later courts

Opinion

432 So.2d 683 (1983)

COOPER SMITH PROPERTIES, LTD., Appellant,

v.

FLOWER'S BAKING CO. OF FLORIDA, INC., etc., James W. Dugan and A.P. Henderson, Appellees.

No. 82-1331.

District Court of Appeal of Florida, Fifth District.

June 2, 1983.

David A. Monaco of Cobb & Cole, P.A., Daytona Beach, for appellant.

John R. Godbee, Jr. of Coble, McKinnon, Rothert, Barkin, Clayton Vukelja & Godbee, P.A., and Horace Smith, Jr. of Dunn, Smith & Withers, P.A., Daytona Beach, for appellees.

ORFINGER, Chief Judge.

The order of the trial court determining that the mortgagor was required to deposit with the Clerk a sum greater than the amount which the final judgment of foreclosure found to be due in order to redeem his property from that judgment, *684 was error. A mortgagor attempting to redeem should not be required to pay any amount in excess of what the final judgment of foreclosure determines to be due. Blue Heron Land Co. v. Brown, 98 Fla. 1238 , 125 So. 369 (1930). See also, Flagler Center Building Loan Corp. v. Chemical Realty Corporation, 363 So.2d 344 (Fla. 3d DCA 1978). Neither do we find anything in section 45.031, Florida Statutes (1981), that requires a mortgagor to seek permission of the court in order to exercise his right of redemption, which exists up to the time the certificate of title is issued. All State Mortgage Corporation of Florida v. Strasser, 277 So.2d 843 (Fla. 3d DCA 1973), affirmed, 286 So.2d 201 (Fla. 1973); Roberts v. J.I. Kislak Mortgage Co., 257 So.2d 599 (Fla. 4th DCA 1972).

Because the mortgagor deposited with the Clerk the total amount found due by the judgment of foreclosure, prior to the issuance of the certificate of title, the redemption was proper and should not have been set aside. The order of September 14, 1982, vacating the redemption is therefore set aside, and the cause is remanded to the trial court with directions to confirm the mortgagor's redemption of his property, to order the return to the purchaser at the sale of any monies paid by it, and for such further proceedings as are consistent herewith.

REVERSED and REMANDED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 11 cases

View all citing references →
1985: 21986: 11988: 11989: 11991: 11994: 11996: 12001: 12003: 12016: 119852026peak 1985 · 2

Relies on it most ⓘ

  1. CCC Properties, Inc. v. Kane582 So. 2d 159 (Fla. Dist. Ct. App. 1991)
  2. Indian River Farms v. YBF PARTNERS777 So. 2d 1096 (Fla. Dist. Ct. App. 2001)
  3. Saidi v. Wasko687 So. 2d 10 (Fla. Dist. Ct. App. 1996)
  4. LAWYERS PROF. LIAB. INS. CO. v. McKenzie470 So. 2d 752 (Fla. Dist. Ct. App. 1985)
  5. Photomagic Industries, Inc. v. Broward Bank526 So. 2d 136 (Fla. Dist. Ct. App. 1988)
  6. Engels v. Valdesuso497 So. 2d 698 (Fla. Dist. Ct. App. 1986)

Most recent

  1. Suzana Popescu v. Laguna Master Association, Inc., St. Michael Properties, LLC, Supreme Title & Escrow, Inc. and Fay S. Morrison184 So. 3d 1196 (Fla. Dist. Ct. App. 2016)
  2. Stack v. Homeside Lending, Inc.846 So. 2d 663 (Fla. Dist. Ct. App. 2003)
  3. Indian River Farms v. YBF PARTNERS777 So. 2d 1096 (Fla. Dist. Ct. App. 2001)
  4. Saidi v. Wasko687 So. 2d 10 (Fla. Dist. Ct. App. 1996)
  5. Metroplex Investments, Inc. v. Precision Equity Investments, Inc.647 So. 2d 304 (Fla. Dist. Ct. App. 1994) · Dissent
  6. CCC Properties, Inc. v. Kane582 So. 2d 159 (Fla. Dist. Ct. App. 1991)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Allstate Mortg. Corp. of FLA. v. Strasser, 286 So. 2d 201 (Fla. 1973) 28
Allstate Mortg. Corp. of Fla. v. Strasser, 277 So. 2d 843 (Fla. Dist. Ct. App. 1973) 19
Flagler Ctr. Bldg Loan Corp. v. Chem Realty Corp., 363 So. 2d 344 (Fla. Dist. Ct. App. 1978) 6
Blue Heron Land Co. v. Brown, 125 So. 369 (Fla. 1930) 5
Roberts v. J. I. Kislak Mortg. Corp., 257 So. 2d 599 (Fla. Dist. Ct. App. 1972) 3

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