Port foreclosure lawsuit receives new hearing

Published: Thursday, September 19, 2013 at 09:10 AM.

A Circuit Court Judge has requested a new hearing to consider arguments in a foreclosure lawsuit brought by Capital City Bank against the Port Authority of Port St. Joe.

Judge John Fishel, II has requested a new hearing to be scheduled so that he may hear more detailed arguments in the case.

Capital City Bank is suing to foreclose on a port-owned parcel which serves as a barge terminal, with bulkhead and uplands. The parcel sits along the Intracoastal Waterway.

Capital City Bank is seeking to foreclose on a $4.1-plus million mortgage taken out by the Port Authority.

“The judge wants to allow for more argument and new presentations of the arguments,” said port attorney Tom Gibson.

Gibson theorized that Fishel, who just rotated into Gulf County within the 14th Judicial Circuit, was surprised by the complexity and importance of the case.

He suggested that the previous hearing held last month was compressed, scheduled for just 30 minutes, and Fishel would like to hear more detail on the case.

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