SNODDY v. NCNB NAT. BANK OF FLORIDA, 573 So.2d 951 (Fla.App. 4 Dist. 1991)

BERNIE O. SNODDY AND BMT ENTERPRISES, INC., APPELLANTS, v. NCNB NATIONAL BANK OF FLORIDA AND MARGATE BUSINESS PARK LTD., APPELLEES.

No. 89-1891.District Court of Appeal of Florida, Fourth District.
January 16, 1991. Rehearing Denied March 5, 1991.

Appeal from the Circuit Court for Broward County; Robert C. Scott, Judge.

Timothy H. Kenney of Timothy H. Kenney, P.A., Palm Beach for appellant-Bernie O. Snoddy.

Mark P. Dikeman of Stearns Weaver Miller Weissler Alhadeff
Sitterson, P.A., Miami, for appellee-NCNB Nat. Bank of Florida.

PER CURIAM.

AFFIRMED. We find that any procedural error committed by the trial court was rendered harmless in view of the absence of any issue between the parties as to any material fact. On the undisputed facts we find the trial court acted correctly in its legal ruling as to the priority of the parties’ claims. See Bank of South Palm Beaches v. Stockton, Whatley, Davin Co., 473 So.2d 1358
(Fla. 4th DCA 1985).

ANSTEAD, GLICKSTEIN, JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.

Page 952

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