FRANK v. LEVINE

No. 63-390.

159 So.2d 665 (1964)

Robert R. FRANK, Appellant, v. Hy LEVINE, Lewis Marrow and Dana Marrow, his wife, Appellees.

District Court of Appeal of Florida. Third District.

January 21, 1964.


Attorney(s) appearing for the Case

Frank & Strelkow, Miami Beach, for appellant.

Dorothea M.B. Vermorel, Hollywood, for appellees.

Before CARROLL, HORTON and HENDRY, JJ.


PER CURIAM.

Plaintiff appeals from an order dismissing his complaint. The action was at law for a deficiency following a foreclosure of mortgage. Defendants moved to dismiss on three grounds, (1) that the court lacked jurisdiction of the subject matter, (2) that the "cause of action is res judicata" and (3) that plaintiff had waived his action and was estopped to bring an action at law.

The question presented is whether the complaint stated a cause of action...

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