FORTENBERRY v. MANDELL

No. 71-726.

271 So.2d 170 (1972)

C.R. FORTENBERRY et al., Appellants, v. Lester N. MANDELL et al., Appellees.

District Court of Appeal of Florida, Fourth District.

August 31, 1972.


Attorney(s) appearing for the Case

William E. Weller of Rose & Weller, Cocoa Beach, and Walter C. Shepard of Shepard, Shepard & Minot, Cocoa, for appellants.

John M. Robertson of Robertson & Williams, Orlando, for appellees.


REED, Chief Judge.

The issue on this appeal conecerns the el elements of proof required of a plaintiff who is seeking to enforce the debt of another by legal subrogation.

This is an appeal from a final judgment of the Circuit Court for Orange County, Florida, in a case tried without a jury. On 26 November 1968 the plaintiffs filed an amended complaint which alleged that on 14 June 1963 the defendant Rockett Builders, Inc., executed a note and mortgage to American...

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