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Gamma Development Corp. v. American Pioneer Savings Bank

Citations: 507 So. 2d 793; 12 Fla. L. Weekly 1337; 1987 Fla. App. LEXIS 8435Docket: No. 4-86-1157

Court: District Court of Appeal of Florida; May 27, 1987; Florida; State Appellate Court

Narrative Opinion Summary

An appeal from an order granting summary judgment has been reversed and remanded due to the presence of material factual disputes concerning the subordination clause's application and unresolved legal questions regarding the priority of the involved mortgages. The case cited is Miami National Bank v. Citation Homes, Inc., 157 So.2d 155 (Fla. 3d DCA 1963). Judges Downey, Glickstein, and Walden concur with the decision.

Legal Issues Addressed

Mortgage Priority Disputes

Application: The court identified unresolved legal questions regarding the priority of mortgages involved in the case.

Reasoning: An appeal from an order granting summary judgment has been reversed and remanded due to the presence of material factual disputes concerning the subordination clause's application and unresolved legal questions regarding the priority of the involved mortgages.

Subordination Clause Interpretation

Application: The case involved unresolved legal questions specifically regarding the application of a subordination clause.

Reasoning: An appeal from an order granting summary judgment has been reversed and remanded due to the presence of material factual disputes concerning the subordination clause's application and unresolved legal questions regarding the priority of the involved mortgages.

Summary Judgment Standards

Application: The court reversed the granting of summary judgment due to unresolved material factual disputes.

Reasoning: An appeal from an order granting summary judgment has been reversed and remanded due to the presence of material factual disputes concerning the subordination clause's application and unresolved legal questions regarding the priority of the involved mortgages.