PHELPS v. GILBRETH


68 So.2d 360 (1953)

PHELPS et al. v. GILBRETH et al. (two cases).

Supreme Court of Florida. Special Division A.

Rehearing Denied November 25, 1953.


Attorney(s) appearing for the Case

K. Odel Hiaasen and McCune, Hiaasen & Kelley, Fort Lauderdale, for appellants.

Francis K. Buckley and Buckley & Windle, Fort Lauderdale, for appellees.


BARNS, Justice.

The two cases on appeal for the purpose of convenience and facility of discussion will be hereinafter referred to as the "Old Suit" and the "New Suit." Both the Old Suit and the New Suit are mortgage foreclosures. Both involve the same parties in their same respective positions of plaintiffs-appellees and defendants-appellants; both involve the same land, and, in fact, both involve the same mortgage although the New Suit also involves an additional...

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