HELKER v. GOULDY

No. 65-244.

177 So.2d 264 (1965)

George HELKER and Mary Helker, his wife, Appellants, v. Russell GOULDY and Mary Gouldy, his wife, Heritage Title Company, a Florida corporation, Riverside Bank, a Florida corporation, the Prudential Insurance Company of America, a foreign corporation authorized to do business in the State of Florida, Appellee.

District Court of Appeal of Florida. Third District.

July 13, 1965.


Attorney(s) appearing for the Case

Ungerleider & Segor, Miami Beach, for appellants.

Nestor Morales, Miami, for Gouldy.

Fogle & Fordham, Miami, for Heritage Title Co.

Mershon, Sawyer, Johnston, Dunwody, Mehrtens & Cole and Thomas S. Trantham, Jr., Miami, for Riverside Bank.

Mallory H. Horton and George N. Jahn, Miami, for Prudential Ins. Co. of America.

Before HENDRY, C.J., and TILLMAN PEARSON and SWANN, JJ.


SWANN, Judge.

This is an interlocutory appeal from an order granting all motions to dismiss the complaint filed by the various appellees.

The complaint prayed, inter alia, for the rescission and cancellation of a subordination agreement; a decree establishing plaintiff's lien as a superior lien to that of any of the appellees; a personal judgment against one of the appellees, Heritage Title Company; an accounting; and for foreclosure of a mortgage given by...

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