FLORIDA ZIPPO, INC., APPELLANT,
v.
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, APPELLEE
FLORIDA ZIPPO, INC., APPELLANT,
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, APPELLEE
579 So. 2d 192
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant, Florida Zippo, Inc., appeals a partial summary judgment of foreclosure. We affirm.
Only a debtor can give a lender the power to accelerate a debt, see, e.g., Morse v. City Federal Savings and Loan Association, 567 F.Supp. 699 (S.D.Fla.1983), and only when the option is exercised in an effective manner does acceleration take place. See, e.g., David v. Sun Federal Savings and Loan Association, 461 So. 2d 93 (Fla.1984).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Reed v. Lincoln, 731 So. 2d 104 (Fla. 5th DCA 1999)…te contains an acceleration provision. In order to accelerate the total indebtedness due on an installment note, after default on an installment, the note must contain an acceleration provision. Florida Zippo, Inc. v. Prudential Ins. Co. of America, 579 So. 2d 192 (Fla. 3d DCA), rev. denied, 589 So. 2d 290 (Fla.1991); 11 Am-Jur.2d Bills & Notes § 194; 10 C.J.S. Bills & Notes § 92. Whether an acceleration clause exists is governed by the law of contracts.4 It is the trial court’s responsibility to construe the…
Authorities Cited
- David v. SUN Fed. Sav. & Loan Ass'n, 461 So. 2d 93 (Fla. 1984)
- Morse v. City Fed. Sav. & Loan Ass'n, 567 F. Supp. 699 (S.D. Fla. 1983)