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Florida Zippo v. Prudential Ins. Co.

District Court of Appeal of Florida, Third District
Jun 7, 1991
579 So. 2d 192 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1594.

April 16, 1991. Rehearing Denied June 7, 1991.

Appeal from the Circuit Court, Dade County, Stuart Simons, J.

Stanley Jay Bartel, Miami, for appellant.

Squire, Sanders Dempsey, and Craig P. Kalil, and Dirk Lorenzen, Miami, for appellee.

Before BASKIN, COPE and GERSTEN, JJ.


Appellant, Florida Zippo, Inc., appeals a partial summary judgment of foreclosure. We affirm.

Only a debtor can give a lender the power to accelerate a debt, see, e.g., Morse v. City Federal Savings and Loan Association, 567 F. Supp. 699 (S.D.Fla. 1983), and only when the option is exercised in an effective manner does acceleration take place. See, e.g., David v. Sun Federal Savings and Loan Association, 461 So.2d 93 (Fla. 1984).

Affirmed.


Summaries of

Florida Zippo v. Prudential Ins. Co.

District Court of Appeal of Florida, Third District
Jun 7, 1991
579 So. 2d 192 (Fla. Dist. Ct. App. 1991)
Case details for

Florida Zippo v. Prudential Ins. Co.

Case Details

Full title:FLORIDA ZIPPO, INC., APPELLANT, v. THE PRUDENTIAL INSURANCE COMPANY OF…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 7, 1991

Citations

579 So. 2d 192 (Fla. Dist. Ct. App. 1991)

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