D.A.D., Inc. v. Poole

407 So. 2d 1072 (1981)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

D.A.D., Inc. v. Poole

Florida District Court of Appeal
407 So. 2d 1072 (1981)

Facts

Ryall Grows, Inc. (RGI), as senior mortgagee, filed a foreclosure action. In the foreclosure complaint, RGI alleged that D.A.D., Inc. (DAD) (plaintiff) and Willie Poole (defendant), among others, had inferior interests in the property subject to foreclosure (the subject property). An inferior creditor is a person or entity who holds an interest against a person or property that is inferior to the interest held by the top-priority creditor. DAD’s interest was a junior mortgage, also called an inferior mortgage, and Poole was a judgment creditor. DAD’s mortgage was recorded several months before Poole’s judgment. DAD chose not to foreclose its mortgage by crossclaim in RGI’s action. The trial court entered a final foreclosure judgment in RGI’s favor. In the final order, the trial court ordered that the subject property be sold, that RGI’s mortgage be fully satisfied, and that any remaining sale proceeds be retained by the court clerk subject to distribution among the inferior creditors. DAD and Poole each filed motions to distribute the surplus, and each asserted that their lien had priority. The trial court held that, even though DAD’s junior mortgage was recorded before Poole’s judgment, Poole’s judgement had priority-of-lien because DAD failed to foreclose its junior mortgage by crossclaim in RGI’s foreclosure action. DAD appealed, arguing that DAD was not required to foreclose its mortgage by crossclaim in order to preserve its priority-of-lien to the surplus sale proceeds.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 734,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 734,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 734,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership