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WICKES CORP. v. MOXLEY

No. 76-532.

342 So.2d 839 (1977)

The WICKES CORPORATION, d/b/a Wickes Homes, a Delaware Corporation, Appellant, v. Ray Robert MOXLEY and Patricia B. Moxley, Husband and Wife, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 16, 1977.

Attorney(s) appearing for the Case

Stephen E. Tanner, Venice, and W. Eugene Williams, Jr., Venice, for appellant.

Andrew J. Britton, of Korp, Wheeler & McGill, P.A., Venice, for appellees.

GRIMES, Judge.

This appeal turns on the question of whether there is any longer a requirement under the new Constitution for a mortgage of homestead realty to be signed in the presence of two attesting witnesses.

Appellant (Wickes) is the manufacturer of mobile homes. Appellee (Moxley) was the principal in a dealership selling mobile homes manufactured by Wickes. In 1974 Moxley sold several mobile homes but failed to pay Wickes for the monies owing on these...

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