American Nat. Bank of Jacksonville v. Norris, s. II-8 and II-234
| Decision Date | 26 February 1979 |
| Docket Number | Nos. II-8 and II-234,s. II-8 and II-234 |
| Citation | 368 So.2d 897 |
| Parties | AMERICAN NATIONAL BANK OF JACKSONVILLE, Appellant, v. Virgil R. NORRIS and Mavis Y. Norris, Appellees. |
| Court | Florida District Court of Appeals |
Thomas C. Dearing, Jacksonville, for appellant.
Allen C. D. Scott, II and David W. Foerster, Jacksonville, for appellees.
Appellant-Plaintiff, American National Bank of Jacksonville, appeals a final judgment rendered pursuant to a jury verdict finding in favor of Appellees-Defendants, Mr. and Mrs. Norris, on their counter-claim in the amount of $600,000.00. Mr. and Mrs Norris cross-appeal a final judgment of foreclosure rendered in favor of the bank.
The bank filed suit against Norris seeking foreclosure of a mortgage held by the bank and executed by Norris simultaneously with a construction loan agreement for the proposed construction of an apartment complex. Norris counterclaimed against the bank for breach of the construction loan agreement.
The construction loan agreement provided that the project was to be completed in accordance with the plans and specifications upon which the lender issued its commitment and in all events the construction was to be completed within twenty-four months from the date of execution of the agreement. The bank's attorney performed a title examination for the purpose of obtaining mortgagee title insurance which was ultimately obtained. Within a month after the closing, Norris was notified by the State of Florida Internal Improvement Fund and the U.S. Army Corps of Engineers that a portion of the land on which they were to build was submerged land and belonged to the State of Florida. From January, 1973 to March, 1974 no construction took place upon the Norris property. Norris talked frequently with bank officers during the interim period about the submerged land problem. Norris testified that at his meetings with the various officials, the bank offered suggestions and openly ratified and acquiesced in his efforts to resolve the construction problem. During this time, Norris required an option to purchase four additional acres of waterfront property immediately adjacent to the project site. Norris intended to take the planned apartment units, displaced by the state claim, and revise the site plan to construct the units on the four acres adjacent to the original project site. The bank officers were aware of the necessity for revision of the original project site plan. A revised site plan was prepared and approved by the U.S. Army Corps of Engineers and the State. Norris contends that the bank waived the twenty-four month term of the construction loan agreement and...
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Smith v. Canevary
...House of Fort Lauderdale, Inc., 395 So.2d 217 (Fla. 4th DCA), rev. dismissed, 408 So.2d 1096 (Fla.1981); American Nat'l Bank of Jacksonville v. Norris, 368 So.2d 897 (Fla. 1st DCA), cert. denied, 378 So.2d 342 For the above-stated reasons, the final judgment under review is reversed and the......
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Hartman v. Opelika Mach. and Welding Co., TT-50
...facts of the case, the instructions misled the jury, or prejudiced a party's right to a fair trial. American National Bank of Jacksonville v. Norris, 368 So.2d 897 (Fla. 1st DCA 1979), cert. den., 378 So.2d 342 (Fla.1979). For the reasons stated below, I would hold that the error in failing......
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Alderman v. Wysong & Miles Co.
...right to a fair trial. That being so, the trial court's action did not constitute reversible error. American National Bank of Jacksonville v. Norris, 368 So.2d 897 (Fla. 1st DCA 1979), cert. den., 378 So.2d 342 Appellant next contends that the trial court erroneously allowed Wysong to intro......
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Yost v. American Nat. Bank
...is interrelated with, the evidence on the counterclaim, it is appropriate to try the claims together. See American National Bank of Jacksonville v. Norris, 368 So.2d 897 (Fla. 1st DCA), cert. denied, 378 So.2d 342 (Fla.1979); Tower Estates, Inc. v. Slewett, 346 So.2d 637 (Fla. 3d DCA 1977).......