SHORES v. FIRST FLORIDA RESOURCE CORPORATION

No. 72-67.

267 So.2d 696 (1972)

Raymond E. SHORES and Marcene G. Shores, His Wife, Appellants, v. FIRST FLORIDA RESOURCE CORPORATION, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

October 11, 1972.


Attorney(s) appearing for the Case

Richard B. Lansdale, Naples, for appellants.

Robert A. Neinas, of Carroll, Vega, Brown & Nichols, Naples, for appellee.


MANN, Judge.

Properly characterized, this is an action for reestablishment of a lost note and mortgage. The evidence is clear that the mortgage was executed, that the appellants acquired the property subject to it and agreed to assume it. They made some payments, but it is now in default to the extent determined by the trial court. Thus the findings, as far as they go, are correct and are affirmed. However, the evidence that the note and mortgage have not been assigned...

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