GOTTSCHAMER v. AUGUST, THOMPSON, SHERR, CLARK & SHAFER, P.C.

No. 82-2447.

438 So.2d 408 (1983)

William J. GOTTSCHAMER and Nancy Gottschamer, Appellants, v. AUGUST, THOMPSON, SHERR, CLARK & SHAFER, P.C., a Michigan Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 10, 1983.


Attorney(s) appearing for the Case

Michael S. Wilson, Orlando, for appellants.

Ted B. Edwards of Akerman, Senterfitt & Eidson, Orlando, for appellee.


SCHOONOVER, Judge.

This is an appeal from an order determining the amount of set-off the guarantors of a promissory note and mortgage are entitled to as a result of a foreclosure sale. The trial court allowed a set-off in the amount of $186,500, the value of the property determined at a hearing, and not $195,000, the amount bid at the foreclosure sale. We reverse.

The appellee was the owner and holder of a note and mortgage in the amount of $165,000 executed...

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