WASHINGTON SEC. CO. v. TRACY'S PLUMBING & PUMPS, INC.

No. 4542.

166 So.2d 680 (1964)

WASHINGTON SECURITY CO., Appellant, v. TRACY'S PLUMBING & PUMPS, INC., Tracy Plumbing and Pump Corporation, Appellees.

District Court of Appeal of Florida. Second District.

August 5, 1964.


Attorney(s) appearing for the Case

M.W. Wells, Jr., of Maguire, Voorhis & Wells, Orlando, for appellant.

Carl L. Thompson, Jr., Orlando, for appellees.


WHITE, Judge.

The appellant plaintiff sought a decree which would subrogate its mortgage to a prior mortgage and decree it superior to an intervening judgment obtained by the defendant materialman whose claim the plaintiff offered to pay in full. Upon the granting of motion to dismiss the complaint, the plaintiff entered timely appeal but followed the plenary procedure as distinguished from interlocutory.

Thus, before getting to the merits we encounter a hurdle...

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