Opinion
No. 88-1918.
June 28, 1989. Rehearing and Clarification Denied August 7, 1989.
Appeal from the Circuit Court, Palm Beach County, Stephen A. Rapp, J.
William J. Barnes of Gilbride, Heller Brown, P.A., Miami, for appellant.
Margaret L. Cooper of Jones, Foster, Johnston Stubbs, P.A., West Palm Beach, for appellee.
We find no merit in appellant's argument that the trial court exceeded its jurisdiction when it entered its order requiring appellant to deposit rents into the registry of the court. The assignment of rents became absolute upon appellant's default and operative upon written demand by appellee. § 697.07, Fla. Stat. (1987). Appellant quoted part of section 697.07 but failed to quote the operative language which provides:
A mortgage may provide for an assignment of rents. If such assignment is made, such assignment shall be absolute upon the mortgagor's default, becoming operative upon written demand made by the mortgagee.See also In re Aloma Square, Inc., 85 B.R. 623 (Bkrtcy.M.D.Fla. 1988); In re Mears, 88 B.R. 419 (Bkrtcy.S.D.Fla. 1988).
We find no merit in appellant's remaining points on appeal. Accordingly, we affirm.
AFFIRMED.
DOWNEY, DELL and STONE, JJ., concur.