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JAMES TALCOTT, INC. v. BANK OF MIAMI BEACH

No. 61-761.

143 So.2d 657 (1962)

JAMES TALCOTT, INC., Appellant, v. BANK OF MIAMI BEACH, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied August 27, 1962.

Attorney(s) appearing for the Case

Don G. Nicholson, Miami, for appellant.

Richard H. Olsen, Von Zamft & Kravitz and Manker & Gale, Miami, for appellee.

Before CARROLL, BARKDULL and HENDRY, JJ.

CARROLL, Judge.

The subject matter of this appeal is the sum of approximately $10,000, which represents the net proceeds of a receiver's sale of an aircraft in a chattel mortgage foreclosure suit. The appellant James Talcott, Inc. (Talcott hereafter) and the appellee Bank of Miami Beach (bank hereafter) held separate mortgages, and each claimed priority. The record on appeal is a stipulated statement, as provided for by rule 3.6, subd. h, F.A.R., 31 F.S.A.

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