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MARKS BROTHERS PAVING CO. v. OUELLET

No. 60-36.

124 So.2d 514 (1960)

MARKS BROTHERS PAVING CO., a Florida corporation, Appellant, v. Louis E. OUELLET and North Dade Plumbing, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied December 9, 1960.

Attorney(s) appearing for the Case

I.R. Mayers, Miami, for appellant.

Battisti & Persandi, Coral Gables, and Fred Botts, for appellees.

CARROLL, CHAS, Judge.

The appellee Louis E. Ouellet foreclosed a second and third mortgage on real estate without joining the appellant Marks Brothers Paving Co., holder of a lien for labor and materials inferior to the second mortgage but superior to the third mortgage. A final decree of foreclosure was entered, under which the property was sold to the appellee-mortgagee, to whom the clerk then issued a certificate of title...

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