ALLSTATE MORTGAGE CORPORATION OF FLORIDA, APPELLANT,
v.
ALPHA MOTORS, INC., A PENNSYLVANIA CORPORATION D/B/A EASTERN EQUIPMENT LEASING CO., ET AL., APPELLEES

Fla. 3d DCA | 1974-03-25
No. 73-818
Before CARROLL and HAVERFIELD, JJ., and MOORE, JOHN H., II, Associate Judge.
294 So. 2d 100 Florida District Court of Appeal, Third District (1974) Positive Treatment
Cited by 4 cases
Topics
Execution Sale Harmful Error Mortgage Foreclosure Discovery

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is by the defendant below from a summary judgment in a mortgage foreclosure action.

The mortgage was made by a guarantor on a lease of personal property (restaurant equipment), to the lessor, as further security for performance by the lessee. •

The appellant purchased the mortgaged real estate (subject to the mortgage) at an execution sale thereof. Thereafter, following default by the lessee, the lessor filed this action for foreclosure of the security mortgage. The court held certain defenses raised by the appellant were without merit, and upon plaintiff’s motion for summary judgment, supported by evidence including admission by the guarantor of the correctness of the amount claimed to be due to the lessor, granted summary judgment for foreclosure.

The rejection of the asserted defenses was not error. Spinney v. Winter Park Building & Loan Ass’n, 120 Fla. 453, 162 So. 899. Refusal of the court to permit the defendant to have discovery as to whether fire insurance was recovered (when the leased property was destroyed by fire) was not harmful error, in that receipt of insurance money by the lessor for the loss of its leased property would be immaterial, and not operate to reduce the lessee’s obligations under the lease, not otherwise therein provided for. No reversible error having been shown, the judgment is affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Walker v. Hilliard, 329 So. 2d 44 (Fla. 1st DCA 1976)
    …the insured, not for the wrongdoer. If there must be a windfall, it is more just that the injured party profit, rather than the wrongdoer be relieved of full responsibility for his wrongdoing. In Allstate Mortgage Corporation v. Alpha Motors, Inc., 294 So. 2d 100 (Fla.App. 3rd, 1974), a mortgage foreclosure action, the court stated that the receipt of insurance money by a lessor for loss of its leased personal property by fire would not reduce the lessee’s obligation under the lease. Reversed and remanded f…
  • Stanley v. United States Fid. & Guar. Co., 425 So. 2d 608 (Fla. 1st DCA 1982)
    …tractual or voluntary wage continuation plan provided by employers or any other system intended to provide wages during a period of disability. . Walker v. Hilliard, 329 So. 2d 44 (Fla. 1 st DCA 1976); Allstate Mortgage Corp. v. Alpha Motors, Inc., 294 So. 2d 100 (Fla. 3d DCA 1974), cert. den., 303 So. 2d 640 (Fla.1974). . Clark v. Tampa Electric Co., 416 So. 2d 475 (Fla. 2d DCA 1982). . Clark v. Tampa Electric Co., supra note (4); Grossman v. Beard, 410 So. 2d 175 (Fla. 2d DCA 1982); Cook v. Eney, 277 So.…

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