Law v. NCNB Nat. Bank of Florida, 83-1311
| Decision Date | 13 July 1984 |
| Docket Number | No. 83-1311,83-1311 |
| Citation | 452 So.2d 1119 |
| Parties | Mary L. LAW, Appellant, v. NCNB NATIONAL BANK OF FLORIDA, f/k/a Gulfstream Bank, N.A., Appellee. |
| Court | Florida District Court of Appeals |
Edward A. Marod of Gunster, Yoakley, Criser & Stewart, P.A., Palm Beach, for appellant.
John T. Morrison of Law Offices of John T. Morrison, P.A., Boca Raton, for appellee.
By interlocutory order the trial court ordered the appellant-mortgagor to make the monthly principal payments into an interest bearing escrow account during this foreclosure proceeding. Appellant seeks reversal of that order by interlocutory appeal. Appellant contends the court is without authority to require appellant to make said payments under the facts of this case. We agree.
Florida Rule of Civil Procedure 1.600 authorizes the voluntary payment of money into the registry of the court under certain circumstances. However, it does not authorize the court to require payment of funds into the court registry without some legal justification. See 23 Am.Jur.2d, Deposits In Court, § 2; 13 Fla.Jur.2d, Courts And Judges, § 210. We find no legal justification in this case to require the mortgagor to make mortgage payments into the registry of the court pendente lite.
Accordingly, the order appealed from is reversed.
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Williams v. First Union Nat. Bank of Florida, 91-2080
...into the registry of the court by a party, but not an order compelling payment into the court, citing Law v. NCNB National Bank of Florida, 452 So.2d 1119 (Fla. 4th DCA 1984), and Leon v. Franchise Stores Realty Corp., 549 So.2d 822 (Fla. 4th DCA 1989). However, Williams argues that, when 6......
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Hughes v. First Federal Sav. and Loan Ass'n
...rule announced in Felty v. State, Department of Environment Regulation, 601 So.2d 310 (Fla. 4th DCA 1992) and Law v. NCNB National Bank, 452 So.2d 1119 (Fla. 4th DCA 1984). Deposits in the court registry are controlled generally by Florida Rule of Civil Procedure 1.600. Nothing contained he......
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Morroni v. Fisher, 93-02921
...into the court's registry. Hughes v. First Federal Sav. and Loan Ass'n, 621 So.2d 557 (Fla. 4th DCA 1993); Law v. NCNB Nat. Bank of Florida, 452 So.2d 1119 (Fla. 4th DCA 1984). 2 We likewise find no authority for the court to order the Morronis to deposit the fair rental value here. The low......
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Felty v. State, Dept. of Environment Regulation, 92-0047
...are entitled to a court order compelling payments from a debtor. We reverse and remand on the authority of Law v. NCNB National Bank of Florida, 452 So.2d 1119 (Fla. 4th DCA 1984), and distinguish between the order here compelling the deposit of mortgage payments, and an order compelling th......