JOBERT-KENDALL, INC., AND CITY NATIONAL BANK OF MIAMI, APPELLANTS,
v.
KENDALL COMMERCIAL ASSOCIATES, APPELLEE
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PER CURIAM.
We reverse the awards of attorney s fees, costs, and interest to the appellee-mortgagee on the holdings that (a) the well-supported determination below “that some conduct of the [mortgagee] in a measure contributed to the defendants’ failure to pay within the grace period,” which the trial court properly found precluded acceleration and foreclosure, likewise barred the recovery of attorney’s fees and costs, Federal Home Loan Mortgage Corp. v. Taylor, 318 So. 2d 203 (Fla. 1st DCA 1975); cf. Rice v. Campisi, 446 So. 2d 1120 (Fla. 3d DCA 1984), pet. for review denied, 456 So. 2d 1182 (Fla.1984) (mortgagee who did not contribute to default properly awarded fees and costs even though foreclosure was denied because late payment was caused by post office), and (b) the appellants-mortgagors’ appropriate, but rejected, tenders of the amounts due relieved them of any obligation to pay interest. Dade County v. American Re-Insurance Co., 467 So. 2d 414 (Fla. 3d DCA 1985); Morton v. Ansin, 129 So. 2d 177 (Fla. 3d DCA 1961).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Konigsburg v. Grand, 529 So. 2d 1180 (Fla. 4th DCA 1988)…ant’s unequivocal tender of payment of the judgment. Appellant’s tender of the full amount due, without words of condition, was sufficient to relieve him from the subsequent accrual of interest. Jobert-Kendall, Inc. v. Kendall Commercial Associates, 491 So. 2d 1301 (Fla. 3d DCA 1986); Morton v. Ansin, 129 So. 2d 177 (Fla. 3d DCA 1961). In Morton the court said: It is also generally accepted law that the appropriate office of a tender is to relieve the debtor from subsequent accrual of interest. Id. at 182.…
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RJ & RK, Inc. v. Spence, 855 So. 2d 642 (Fla. 1st DCA 2003)…o. 2d 1120 (Fla. 3d DCA 1995). A recognized exception to the rule, however, occurs in situations in which conduct on the part of the mortgagee bars acceleration and foreclosure of the mortgage. See Jobert-Ken-dall, Inc. v. Kendall Commercial Assoc., 491 So. 2d 1301 (Fla. 3d DCA 1986); Fed. Home Loan Mortgage Corp. v. Taylor, 318 So. 2d 203 (Fla. 1st DCA 1975). In the case at bar, it was the conduct of Spence, the mortgagee, by no longer applying rental payments toward the satisfaction of the mortgage obligatio…
Authorities Cited
- Fed. Home Loan Mortg. Corp. v. George B. Taylor and wife, 318 So. 2d 203 (Fla. 1st DCA 1975)
- Emil Morton v. Ansin, 129 So. 2d 177 (Fla. 3d DCA 1961)
- Dade Cnty. v. Am. Re-Insurance Co., 467 So. 2d 414 (Fla. 3d DCA 1985)
- Booker T. Rice and Elizabeth Rice v. Campisi, 446 So. 2d 1120 (Fla. 3d DCA 1984)