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ERSTLING v. TRINITY WESLEYAN METHODIST CHURCH

No. 57-28.

100 So.2d 74 (1958)

Julius H. ERSTLING, Joe Rosenkrantz, Faiga M. Rosenkrantz and Morris Blum, Appellants, v. TRINITY WESLEYAN METHODIST CHURCH, a corporation not for profit under the laws of the State of Florida, its Trustees, Officers and Members, as individuals, and all others similarly situated, Appellees.

District Court of Appeal of Florida. Third District.

January 28, 1958.

Attorney(s) appearing for the Case

L.L. Robinson, Miami, for appellants.

H.H. Eyles, Thomas J. Jordan, Miami, for appellees.

PER CURIAM.

Chancellor in this cause determined that a deed was in actuality a mortgage under Section 697.01, Fla. Stat., F.S.A. This finding was made on the basis of controverted testimony and there being sufficient evidence in the record upon which to sustain the finding it will not be disturbed upon appeal. The Chancellor declined to include in the sum of the mortgage an amount claimed as attorney's fees for services expended...

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