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ROCKWOOD v. DeROSA

No. 72-94.

279 So.2d 54 (1973)

Robert N. ROCKWOOD and Elizabeth A. Rockwood, His Wife, Appellants, v. Frank DeROSA and Doris DeRosa, His Wife, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

June 8, 1973.

Attorney(s) appearing for the Case

William F. Hunter, Jr., Hollywood, for appellants.

No appearance for appellees.

PER CURIAM.

Appellant sued to accelerate and foreclose a mortgage from appellees to him. Although the mortgagors were technically in default under the circumstances of this case, Schechtman v. Grobbel, Fla.App. 1969, 226 So.2d 1, foreclosure and acceleration were properly denied.

The mortgage here provided that the mortgagors would be liable for costs, including attorney fees due to their failure to comply with the mortgage...

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