KONAS v. COASTAL LUMBER CO.

No. BH-465.

496 So.2d 868 (1986)

Clayton R. KONAS, Sr., Appellant, v. COASTAL LUMBER COMPANY, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 18, 1986.


Attorney(s) appearing for the Case

Donald M. Hinkle of Fonvielle & Hinkle, Tallahassee, for appellant.

Julian Proctor, Jr. of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for appellee.


SMITH, Judge.

Appellant Clayton Konas (Konas) appeals a summary judgment granted appellee Coastal Lumber Company (Coastal) by the circuit court. The court found that Coastal's interest in timber acquired under an oral agreement from a Gadsden County real property owner was superior to Konas' subsequently-recorded mortgage on the same property. We reverse.

Konas was second mortgagee of a parcel of timber-covered property located in Gadsden County, Florida....

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