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PROGRESSIVE BUILDERS v. FLORIDA WIDE DEVELOPERS

No. 61-516.

142 So.2d 122 (1962)

PROGRESSIVE BUILDERS, INC., a Florida Corporation, Appellant, v. FLORIDA WIDE DEVELOPERS, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 28, 1962.

Attorney(s) appearing for the Case

Joseph Pardo, Miami, for appellant.

Richard K. Fink, Miami, and Sidney L. Syna, Miami Beach, for appellee.

Before HORTON and CARROLL, JJ., and SCHULZ, GEORGE E., Associate Judge.

CARROLL, Judge.

This appeal from a final decree of foreclosure was taken by the defendant mortgagor. The sole question presented is the propriety of including in the decree and foreclosure sale three certain collateral notes and the mortgages securing them.1

The material facts were that the appellee held notes of appellant for $138,806.24 secured by a real estate mortgage2 and further secured by collateral...

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