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District Court of Appeal of Florida


Bean v. Prevatt, 2D05-4005

In a foreclosure action, a judgment requiring a homeowner to release insurance proceeds received due to hurricane damage to the holder of a mortgage on defendant's property is affirmed where the plain language of the parties' agreement for deed provided that plaintiff had the sole discretion to determine how insurance proceeds were applied, even if he intended to apply the entirety to the principal due on the mortgage.

Appellate Information

  • Decided 07/07/2006
  • Published 07/07/2006

Judges

  • ALTENBERND, Judge.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Howard Bean, pro se.

  • For Appellees:
  • Lex Taylor of Lex Taylor, P.A., Lakeland, for Appellee.
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