PARKER v. FERRARA

No. 5301.

174 So.2d 574 (1965)

Robert E. PARKER and Elaine B. Parker, his wife, appellants, v. Joseph F. FERRARA, Appellee.

District Court of Appeal of Florida. Second District.

April 28, 1965.


Attorney(s) appearing for the Case

David L. McCain, of Carlton & McCain, Fort Pierce and Collis White, Orlando, for appellants.

G.B. Fishback, of Fishback, Davis, Dominick & Troutman, Orlando, for appellee.


WHITE, Judge.

Defendants Robert E. Parker and wife appeal an adverse summary decree which decreed a mortgage lien upon certain lands superior in dignity to claims of said defendants. The chancellor ruled that the plaintiff was entitled to foreclosure. By order of this court dated 14 October 1964, the appeal is treated as interlocutory. The sole question presented is whether or not there was any genuine issue of material fact which would preclude the summary decree...

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