G.B.B. INVESTMENTS, INC. v. HINTERKOPF

No. 76-1343.

343 So.2d 899 (1977)

G.B.B. INVESTMENTS, INC., a Florida Corporation, Appellant, v. Ernest HINTERKOPF and Hilda B. Hinterkopf, As Trustees under the Hinterkopf Trust Dated March 14, 1957, Recorded in Official Records Book 128, at Page 120, Public Records of Dade County, Florida, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 13, 1977.


Attorney(s) appearing for the Case

Guy B. Bailey, Jr., Batchelor, Brodnax, Guthrie & Primm, Miami, for appellant.

Cypen & Nevins and Stephen H. Cypen, Miami Beach, for appellees.

Before HAVERFIELD and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


HUBBART, Judge.

This is a counterclaim in a mortgage foreclosure suit in which the counterclaimant-mortgagor sought a declaratory decree, injunctive relief and damages against the plaintiff-mortgagee. The trial court dismissed the counterclaim unless the counterclaimant-mortgagor posted either in the registry of the court or through a comparable alternative the amount due on the mortgage plus delinquent interest and taxes. The counterclaimant-mortgagor takes an interlocutory...

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