05-1418 FEINSTEIN V. NEW BETHEL

State: Florida

Court: Florida Southern District Court

Docket No: 3d05-1418

Case Date: 09/13/2006

Plaintiff: 05-1418 FEINSTEIN

Defendant: NEW BETHEL

Preview:NOT FINAL UNTIL TIME EXPIRES
TO FILE REHEARING MOTION
AND, IF FILED, DISPOSED OF.

MARK FEINSTEIN,

Appellant,

vs.

NEW BETHEL MISSIONARY BAPTIST, etc., et al.,

Appellees.
IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

THIRD DISTRICT

JULY TERM, A.D. 2006

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** CASE NO. 3D05-1418

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** LOWER
TRIBUNAL NO.  04-21386
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Opinion filed September 1, 2006.

An Appeal from the Circuit Court for Miami-Dade County, Gisela Cardonne Ely, Judge.

Dubow, Dubow & Wallace and Kelly A. Gibson and Jason B. Dubow (Dania Beach), for appellant.

Glenn R. Miller, for appellees.

Before SHEPHERD, SUAREZ, and ROTHENBERG, JJ.

SHEPHERD, J.
Mark Feinstein appeals a final judgment of foreclosure in which he was denied a pre-payment fee on the accelerated debt being foreclosed.  Because the promissory note expressly contemplated the imposition of a pre-payment fee upon acceleration, we conclude the trial court erred in not including the fee in the final judgment.  Accordingly, we reverse the final judgment under review.
In 2002, New Bethel Missionary Baptist Church executed a promissory note and mortgage to General Mortgage Associates, Inc. in the sum of $308,200.  Feinstein is the successor to General Mortgage

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