Principal Mutual Life Insurance Co. v. Lamb
552 So. 2d 1156 | Fla. Dist. Ct. App. | 1989
The trial judge in a mortgage foreclosure action upon an equitable basis, attempted to rewrite the note and mortgage. This he cannot do. Savage v. Horne, 159 Fla. 301, 31 So.2d 477 (Fla.1947). J.M. Realty Investment Corp. v. Stern, 296 So.2d 588 (Fla. 3d DCA 1974). Therefore, the order denying enforcement is reversed with directions to enter a judgment of foreclosure in favor of the appellant mortgagee.
Reversed and remanded with directions.
