KENNEDY v. KAY

No. 63-128.

154 So.2d 345 (1963)

Lorene KENNEDY, formerly Lorene Smallwood, Appellant, v. Sanford KAY and Rebecca Kay, his wife, and Sam Kay, a single man, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied July 3, 1963.


Attorney(s) appearing for the Case

Herman I. Bretan, Miami, for appellant.

Orr & Lazar and Herbert L. Kaplan, Miami Beach, Dan Chappell, Miami, Leon Epstein, Sibley, Grusmark, Giblin, King & Levenson, Miami Beach, for appellees.

Before CARROLL, HORTON and HENDRY, JJ.


PER CURIAM.

This is an appeal from a post decretal order which denied a deficiency decree, in a suit for foreclosure of a third mortgage on certain real estate. The amount due under the decree was $11,388.67. The property involved was bought in on the foreclosure sale by the plaintiff-mortgagee for $7,000 subject to two prior mortgages on which the unpaid balance aggregated $41,200, leaving a deficiency sum of $4,388.67. There was evidence that the equity in the property...

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