Synovus Bank v. Walker

Full title: SYNOVUS BANK, Formerly Known as Columbus Bank and Trust Company, As…

Court: District Court of Appeal of Florida, First District.

Date published: Mar 14, 2014

133 So. 3d 656 (Fla. Dist. Ct. App. 2014)

Opinion

No. 1D12–5176.

2014-03-14

SYNOVUS BANK, Formerly Known as Columbus Bank and Trust Company, As Successor In Interest Through Name Change and By Merger With Coastal Bank And Trust of Florida, Successor By Merger to Bank of Pensacola, Successor By Merger to Horizon Bank of Florida, Appellant, v. Helen K. WALKER, Trustee of the C. David Walker Trust, Appellee.

An appeal from the Circuit Court for Santa Rosa County. Marci L. Goodman, Judge. Philip A. Bates and Sarah S. Walton of Philip A. Bates, P.A., Pensacola, for Appellant. Robert O. Beasley and Phillip A. Pugh of Litvak Beasley & Wilson, LLP, Pensacola, for Appellee.

WOLF

An appeal from the Circuit Court for Santa Rosa County. Marci L. Goodman, Judge.
Philip A. Bates and Sarah S. Walton of Philip A. Bates, P.A., Pensacola, for Appellant. Robert O. Beasley and Phillip A. Pugh of Litvak Beasley & Wilson, LLP, Pensacola, for Appellee.
WOLF, J.

Synovus Bank challenges a final summary judgment of foreclosure entered in favor of Helen K. Walker, trustee of the C. David Walker Trust. We affirm that portion of the summary judgment determining that a valid debt existed and the subordinate status of Synovus' interest in the property. We conclude, however, that disputed issues of material fact exist concerning the extent certain rents received by the trust from the property at issue should be credited against the amount of outstanding debt. We, therefore, reverse and remand for further proceedings solely for the purpose of determining the amount by which the outstanding debt should be reduced.

AFFIRMED IN PART, REVERSED IN PART, and REMANDED. VAN NORTWICK and MARSTILLER, JJ., concur.