Windham v. AmSouth Bank of Florida
Docket: No. 90-3177
Court: District Court of Appeal of Florida; June 11, 1991; Florida; State Appellate Court
Evelyn I. Windham appeals a final deficiency judgment stemming from a mortgage foreclosure on a condominium unit in Sun King Towers. Windham sold the unit to Ms. Beets, who assumed the existing mortgage with AmSouth Bank of Florida's approval. Windham argued that AmSouth had orally released her from liability and was estopped from denying this due to its conduct following Beets’s assumption of the mortgage. However, the court found that a written release was required and that Windham failed to demonstrate the elements of estoppel. During the trial, Windham testified that an AmSouth employee assured her she was released from the mortgage. The court erroneously struck hearsay testimony from another employee that supported Windham's claim. Additionally, testimony from Windham's husband regarding a vice-president's statements was also excluded as hearsay. The appellate court acknowledged this as an error but deemed it harmless, noting that there was no significant evidence of detrimental reliance by Windham on the alleged statements, as she did not incur any additional debts based on them. Ultimately, the court affirmed the trial's ruling that Windham was not released from liability since the required written release was not executed, and AmSouth was not estopped from asserting her liability. The judgment was upheld.