UNITED NAT. BANK v. TELLAM

No. 93-1155.

644 So.2d 97 (1994)

UNITED NATIONAL BANK, Appellant, v. Henry S. TELLAM, III, Nancy D. Tellam, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 16, 1994.


Attorney(s) appearing for the Case

Broad and Cassel, and Harry A. Payton, and Gary E. Lehman, Miami, for appellant.

Sparber, Kosnitzky, Truxton, de la Guardia, Spratt & Brooks, and Gary S. Brooks, Miami, for appellees, Henry S. Tellam, III and Nancy D. Tellam.

Before JORGENSON, COPE, and GERSTEN, JJ.


GERSTEN, Judge.

Appellant, United National Bank (mortgagee), appeals from a final summary judgment in favor of appellees, the Tellams (mortgagors), in an action for declaratory relief. We affirm.

The issue on appeal is whether a mortgagee can enforce a dragnet clause in the mortgagors' promissory note against a preexisting obligation of one of the mortgagors. The facts as they relate to this issue revolve around two...

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