ADAMS v. CITIZENS BANK OF BREVARD

No. 70-562.

248 So.2d 682 (1971)

Charles C. ADAMS et al., Appellants, v. CITIZENS BANK OF BREVARD, a Florida Banking Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

June 7, 1971.


Attorney(s) appearing for the Case

Robert T. Westman, of Stromire & Westman, Cocoa, for appellants.

Joe Teague Caruso, of Spielvogel, Goldman & Caruso, Merritt Island, for appellants-Cocoa Masonry, Inc. and Rinker Materials Corp.

Charles F. Broome, of Crofton, Holland & Starling, Titusville, for appellee.


OWEN, Judge.

This is a mortgage foreclosure suit in which the several defendants appeal from a final judgment of foreclosure in favor of the plaintiff bank.

The principal question presented here is the order of procedure to be followed by the trial court when a civil action is filed seeking relief historically cognizable only in a court of equity, and the answer contains a compulsory counterclaim legal in nature for which the defendant is entitled to (and...

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