HEIM v. KIRKLAND

No. 77-1285.

356 So.2d 850 (1978)

Roger G. HEIM, Trustee, Appellant, v. Thomas R. KIRKLAND, Trustee, Thomas R. Kirkland, Individually, and Gloria J. Kirkland, His Wife, and Umatilla State Bank, a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 13, 1978.


Attorney(s) appearing for the Case

Calvin J. Faucett, Orlando, for appellant.

Gerald S. Livingston, Orlando, for appellee-Thomas R. Kirkland.

Zebulon L. Osborne, Eustis, for appellee-Umatilla State Bank.


DOWNEY, Judge.

Appellant Roger C. Heim, trustee, takes this interlocutory appeal in an action to foreclose a mortgage from an order of the trial court striking appellant's prayer for a deficiency decree.

The mortgage and note in question contained a provision that the land described in the mortgage was to stand as the sole security with no further recourse against the maker-mortgagor. However, in his complaint appellant prayed for an accounting of the principal...

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