Boyette v. Carden, CC-456

CourtCourt of Appeal of Florida (US)
Citation347 So.2d 759
Docket NumberNo. CC-456,CC-456
PartiesWayne D. BOYETTE, D. Huey Boyette and Virginia Boyette, Appellants, v. John T. CARDEN, Appellee.
Decision Date21 June 1977

Page 759

347 So.2d 759
Wayne D. BOYETTE, D. Huey Boyette and Virginia Boyette, Appellants,
v.
John T. CARDEN, Appellee.
No. CC-456.
District Court of Appeal of Florida, First District.
June 21, 1977.

Ernest A. Sellers of Airth, Sellers, Lewis, Cherry & Blair, Live Oak, for appellants.

W. C. O'Neal of Chandler, O'Neal, Gray, Lang & Haswell, Gainesville, John W. Frost, II, Bartow, Terry McDavid, Lake City, Robert S. Yerkes, Jacksonville, for appellee.

Page 760

ERVIN, Judge.

This is an appeal by the Boyettes seeking review of final judgment of foreclosure granted in favor of cross-claimant, Ralston Purina Company. In July, 1970, the Boyettes owed Ralston $113,000.00 on an unsecured open line of credit. Appellants sought additional credit of $60,000.00, of which $35,000.00 was to be used to buy birds on the Thacker, Witt and Columbia Egg Farms. The remaining $25,000.00 was for the purchase of feed from Ralston for the additional birds. Before advancing the additional $60,000.00, Ralston required a mortgage on the appellants' 640 acre farm. The appellants alleged in their answer, and testified at the hearing, that they were willing to give the mortgage on the farm if it was used to secure only the $60,000.00 financed.

The mortgage, executed July 28, 1970, by its terms specifically secured the payment of one pre-existing unsecured debt, a promissory note dated April 13, 1970 in the principal amount of $61,540.00 and a promissory note executed July 28, 1970 in the principal sum of $35,000.00. The mortgage also secured the payment of any and all notes, liabilities and obligations of the mortgagors to the mortgagee, whether in existence at the time of the execution or accruing subsequently, not to exceed $173,000.00 in the aggregate.

On May 21, 1971, foreclosure proceedings were instituted against appellants by John T. Carden. Later a cross-claim was filed by Ralston seeking foreclosure of its mortgage. The final judgment foreclosed the lien of Ralston on the total indebtedness of appellants, totaling $172,632.40. The court also found $20,000.00 was a reasonable attorney's fee for Ralston's attorney. Subordinate liens were established in favor of John T. Carden, the Internal Revenue Service and the Small Business Administration, which are not parties to this appeal.

The Boyettes argue that the court erred in holding they were not entitled to a release of the mortgage foreclosed upon since they offered payment on the remaining balance of the finance and feed account of poultry on the Columbia Egg Farm, the Witt Farm and the Thacker Farm. The evidence at trial showed that appellants refused to sign the mortgage unless Mr. Hamm, sales representative for Ralston, gave them a letter stating that the mortgage would be released upon payment of the additional $60,000.00 borrowed. The record is not clear whether the appellants were represented by counsel. They state that they relied upon the letter rather than the wording of the mortgage. The letter, dated the day before the execution of the mortgage, states as follows:

"This letter is to confirm our verbal agreement this date, concerning financing of layers located on Columbia Egg Farm in Columbia County, Florida, Whitt Farm in Bradford County, Florida and the Thacker Farm in Alachua County, Florida.

Purina would record a third mortgage executed by Boyette Brothers, Inc. and by D. Huey Boyette, Wayne D. Boyette and their wives. Purina would pay half of all recording fees, including documentary stamps, if birds are resold within sixty (60) days. Purina further agrees to release the third mortgage when payment is received clearing the...

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22 cases
  • Branch Banking & Trust Co. of Va. v. Beowulf, Case No. 11–80692–CIV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • June 7, 2012
    ...to the intention of the parties. In re Alford, 403 B.R. 123, 21 Fla. L. Weekly Fed. B 665 (M.D.Fla.2009), citing Boyette v. Carden, 347 So.2d 759, 761 (Fla. 1st DCA 1977). At the same time, as a rule of contract interpretation, parol evidence is generally not admissible to vary, contradict ......
  • Branch Banking & Trust Co. of Virginia v. Beowulf, CASE NO. 11-80692-CIV-HURLEY
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • June 7, 2012
    ...to the intention of the parties. In re Alford, 403 B.R. 123, 21 Fla. L. Weekly Fed. B 665 (M.D. Fla. 2009), citing Boyette v Carden, 347 So.2d 759, 761 (Fla. 1st DCA 1977). At the same time, as a rule of contract interpretation, parol evidence is generally not admissible to vary, contradict......
  • In re Alford, Bankruptcy No. 8:05-bk-25425-ALP.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Middle District of Florida
    • March 5, 2009
    ...instruments and all the documents are read together to determine and give effect to the intention of the parties." Boyette v. Carden, 347 So.2d 759, 761 (Fla. 1st DCA 1977); see also Sardon Found, v. New Horizons Service Dogs, Inc., 852 So.2d 416, 420 (Fla. 5th DCA 2003). Therefore, in this......
  • Uransky v. First Federal Sav. & Loan Ass'n of Fort Myers, 80-5892
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • August 30, 1982
    ...Browns, and therefore is a mortgagor as defined in the mortgage.3 Appellant cites several Florida cases including Boyette v. Carden, 347 So.2d 759 (Fla.Dist.Ct.App.1977), Watson v. Poe, 203 So.2d 14 (Fla.Dist.Ct.App.1967), and 330 Michigan Avenue, Inc. v. Cambridge Hotel, Inc., 183 So.2d 72......
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