COLMES v. HOCO, INC. OF DADE COUNTY

No. 62-647.

152 So.2d 524 (1963)

Walter COLMES, Appellant, v. HOCO, INC. OF DADE COUNTY, a Florida corporation, and O.B. Howell and Ivy Howell, his wife, Appellees.

District Court of Appeal of Florida. Third District.

April 30, 1963.


Attorney(s) appearing for the Case

Silverman & Hoffman, Miami, for appellant.

Thomas A. Horkan, Jr., and Joseph M. Fitzgerald, Miami, for appellees.

Before CARROLL, BARKDULL and HENDRY, JJ.


BARKDULL, Judge.

This appeal seeks to review an order denying a motion for a deficiency decree.

From the record, it appears that the appellant was the plaintiff in the trial court and instituted a normal foreclosure proceeding, which proceeded to final decree adjudicating liability on the note and ordering a sale of the property encumbered by the mortgage lien. Said decree specifically reserved jurisdiction to enter a deficiency in the event the sale failed...

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