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recover thereunder as a third party beneficiary.
Adverting once .again to the amended complaint, it was
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alleged that "Plaintiff, the owner of the premises, was a third
party beneficiary of said policy by reason of the Mortgage Deed
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thereto, the terms of the policy inured to the benefit of the
plaintiff."
Aligning ourselves with the Third District Court of
Appeal, particularly the Schlehuber decision, we believe appel- ~
lant can state a cause of action as a tizird party beneficiary
of the mortgagee's loss payable clause to the extent of the
amount due on the mortgage at the time of. the loss, together
with interest on the amount found to be due. The sum recovered,
of course, is to be applied in accordance with the contract
between the mortgagor and the mortgagee.
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Accordingly, the judgment appealed from is reversed and.
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the cause is remanded with directions to allow appellant to file
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the proposed second amended complaint and for further proceedings
consistent herewith. ~ i
REVERSED AND REr1Ai~TDED, with directions.
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~ LETTS, J., and CROSS, SPENCER C., Associate Judge, concur.
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