CLARK v. LACHENMEIER

No. 69-619.

237 So.2d 583 (1970)

Edgar E. CLARK and Ada Clark, His Wife, Appellants, v. George E. LACHENMEIER and Pearl L. Lachenmeier, His Wife, and Autie M. Lewis and Hattie May Lewis, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 6, 1970.


Attorney(s) appearing for the Case

Edward A. Linney, St. Petersburg, for appellants.

Robert E. Knowles, of Knowles & Blalock, Bradenton, for George E. Lachenmeier and Pearl L. Lachenmeier.

Jack S. Carey, of Carey & Harrison, St. Petersburg, for Autie M. Lewis and Hattie May Lewis.


PIERCE, Judge.

The lower Court entered an order dismissing appellants' mortgage foreclosure complaint without leave to amend, finding that the acceleration clause in the mortgage was inequitable and unjust, and therefore not affording sufficient reason for foreclosure. We affirm.

The complaint alleged, inter alia, that the appellees Lachenmeier executed a promissory note and purchase money mortgage to the appellants Clark; that the property was presently owned...

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