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FIRST FED. S. & L. ASS'N v. CONSOLIDATED DEVELOP. CORP.

No. 35381.

195 So.2d 856 (1967)

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BROWARD COUNTY, a Corporation Organized and Existing under the Laws of the United States of America, Petitioner, v. CONSOLIDATED DEVELOPMENT CORPORATION, a Florida Corporation, Carl R. Warner and Raymond S. Hurley, Respondents.

Supreme Court of Florida.

February 22, 1967.

Attorney(s) appearing for the Case

Marshall G. Curran, Jr., of English, McCaughan & O'Bryan, Fort Lauderdale, for petitioner.

C. Shelby Dale, of Dale & Stevens, Fort Lauderdale, for respondents.

THOMAS, Justice:

The petitioner brought a suit in Palm Beach County to foreclose a mortgage and in its complaint prayed for a deficiency decree if the proceeds of the mortgage sale were less than the amount due on the mortgage. The final decree of foreclosure expressly reserved jurisdiction in the court for the determination of any motion for a deficiency decree.

Then the petitioner brought an action in Broward County to recover the deficiency and subsequently...

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