780 So. 2d 367 - Diamond Services Corp. v. Benoit’s Empirical Analysis
2001
Citation profile
14
cited by 14 later decisions
1
states following
June 2015
most recently cited
11 state decisions
Relationships
Relies on Thrift Funds Canal, Inc. v. Foy · Sparacello v. Andrews · 366 So. 2d 1299 - First Guaranty Bank v. Alford · Zibilich v. Rouseo · 457 So. 2d 667 - Texas Bank of Beaumont v. Bozorg
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“to create a mortgage note that can be pledged as collateral security for either a pre-existing debt, or for a debt created contemporaneously with the mortgage, or for a future debt or debts, or even for a series of debts.”
3 later decisions quote this exact passage“A collateral mortgage indirectly secures a debt via a pledge. A collateral mortgage consists of at least three documents, and takes several steps to complete. First, there is a promissory note, usually called a collateral mortgage note or a `ne varietur' note. The collateral mortgage note is secured by a mortgage, the so-called collateral mortgage. The mortgage provides the creditor with security in the enforcement of the collateral mortgage note.”
2 later decisions quote this exact passage“|oA collateral mortgage note standing alone is virtually meaningless, as it has no intrinsic value and evidences no debt or obligation actually owed by or to anyone. Only when viewed in the context of the entire collateral mortgage package, with all of the component parts present, does the collateral mortgage note take on meaning.... [T]he collateral mortgage note is a “fictitious debt that can be pledged as collateral security for a real debt.” Therefore, the collateral mortgage note differs from a typical promissory note in that, on its own, it does not represent any indebtedness by the maker. (Citation omitted.)”
1 later decision quote this exact passage · from the dissent
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.