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Syfrett v. Amsouth Bank of Florida
Citations: 588 So. 2d 46; 1991 Fla. App. LEXIS 10737; 1991 WL 216504Docket: No. 91-382
Court: District Court of Appeal of Florida; October 24, 1991; Florida; State Appellate Court
The court affirms the second amended summary final judgment from the circuit court, ruling that the bank did not violate the appellant's rights by first securing a money judgment against him based on a personal guaranty and subsequently foreclosing on real estate tied to the same debt. The case references Gottschamer v. August, Thompson, Sherr, Clark, Shafer, P.C., which supports this decision. During oral arguments, concerns arose about the public record, leading to an agreement between counsel to remand the case back to the circuit court. The remand is for the purpose of adding a notation that clarifies the debt involved in the foreclosure action is the same as that underlying the earlier money judgment against Mr. Syfrett in case no. 89-3627. This modification is based solely on the agreement reached during oral arguments and does not create new procedural requirements for creditors seeking foreclosure while having an unsatisfied money judgment. Judges BOOTH, WOLF, and KAHN concur in this decision.