Opinion
No. 94-1182.
May 10, 1995. Rehearing and Rehearing En Banc Denied June 23, 1995.
Appeal from the Circuit Court for Indian River County; Charles E. Smith, Judge.
Guy E. Motzer of Steel Hector Davis, for appellant.
Matthew G. Brenner and Amy S. Lowndes of Lowndes, Drosdick, Doster, Kantor Reed, P.A., for appellee.
Concluding as we do that there is no evidence to support a finding of the kind of misconduct allowing equitable remedies to supplant the established legal rule of "first in time, first in right," we reverse the final judgment of foreclosure and remand with instructions to restore Household's priority as the first mortgage holder and to proceed to foreclose its superior mortgage accordingly.
GUNTHER and SHAHOOD, JJ., concur.