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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

Florida District Court of Appeal2014-03-14No. No. 1D12-5176
133 So. 3d 656

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Opinion

majority opinion

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.