New York Life Ins. v. Hammocks Cmty. Ass'n, 622 So. 2d 1369 (Fla. 3d DCA 1993). · Go Syfert
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New York Life Ins. v. Hammocks Cmty. Ass'n, 622 So. 2d 1369 (Fla. 3d DCA 1993). Cases Citing This Book View Copy Cite
8 citation events (3 in the last 25 years) across 3 distinct courts.
Strongest positive: Warner v. City of Boca Raton (fla, 2004-09-02)
Top citers, strongest first. 1 distinct citer.
discussed Cited "see, e.g." Warner v. City of Boca Raton
Fla. · 2004 · signal: see also · confidence low
This Court has not squarely addressed the parameters of Florida's free exercise clause, but other Florida courts have "treated the protection afforded under the state constitutional provision as coequal to the federal [provision], and have measured government regulations against it accordingly." Toca v. State, 834 So.2d 204, 208 (Fla. 2d DCA 2002) (applying Smith to conclude that rule of judicial administration requiring the signing of pleadings did not violate petitioner's rights under article I, section 3 of the Florida Constitution); see also Allen v. Allen, 622 So.2d 1369 (Fla. 1st DCA 199…
NEW YORK LIFE INSURANCE and ANNUITY CORPORATION, Appellant,
v.
Hammocks COMMUNITY ASSOCIATION, INC., Appellee.
93-511.
District Court of Appeal of Florida, Third District.
Aug 31, 1993.
622 So. 2d 1369
Schwartz, C.J., and Barkdull and Hubbart.
Cited by 6 opinions  |  Published

[*1370] Squire, Sanders & Dempsey and John R. Hart and Dana A. Clayton, Miami, for appellant.

Theodore R. Bayer, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.

PER CURIAM.

This is an appeal by the defendant first mortgagee, New York Life Insurance and Annuity Corporation [New York Life] from an adverse final summary judgment, giving New York Life's mortgage lien second priority behind the assessment lien of the plaintiff Hammocks Community Association, Inc. [Association] in an action to foreclose on the plaintiff's assessment lien for nonpayment of property assessments against the property owner Colonial Broadwater Limited Partnership. We reject New York Life's arguments on appeal and affirm.

First, the 1984 amendment to Declaration of Covenants for the Hammocks, in which the subject real property is situated, gives an assessment lien to the Association for all unpaid fees assessed by the Association for maintaining and administering the common properties and improvements in the development, which lien is prior to a subsequently given first mortgage which is amortized over a period of less than ten years. We conclude that, as a matter of law, the Association's assessment lien, which was foreclosed below, is prior to New York Life's first mortgage lien under the 1984 amendment to the Declaration of Covenants because (a) the first mortgage was given subsequent to the above 1984 amendment, and (b) the first mortgage was amortized over a period of less than ten years, to wit: five years. Moreover, as a matter of law, the 1984 amendment is not, as urged, legally invalid. We have not overlooked New York Life's arguments to the contrary, but are not persuaded thereby. See, e.g., Nelle v. Loch Haven Homeowners' Ass'n, 413 So.2d 28 (Fla. 1982); Bessemer v. Gersten, 381 So.2d 1344 (Fla. 1980); Black's Law Dictionary 108 (4th ed. 1957).

Second, we find no merit in New York Life's remaining contentions concerning alleged procedural irregularities below. No reversible error has been shown by New York Life.

The final summary judgment under review is, in all respects,

Affirmed.