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HORNE v. SMITH

No. KK-56.

368 So.2d 392 (1979)

Robert I. HORNE and S.C. Henderson & Sons, Inc., a Corporation, Appellants, v. Donald L. SMITH and Richard G. Moffett, Jr., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied March 28, 1979.

Attorney(s) appearing for the Case

S. Gordon Blalock, of Blalock, Holbrook & Akel, Jacksonville, for appellants.

William H. Jeter, Jr., of Adams & Adams, Steven A. Werber, of Corrigan, Werber & Moore, Barry L. Zisser, Jacksonville, for appellees.

MILLS, Acting Chief Judge.

Appellants (plaintiffs) brought suit against appellees (defendants) to foreclose a second mortgage on motel property. After the foreclosure sale, at which plaintiffs bid in the property, there was a deficiency. Plaintiffs then brought suit against the defendants seeking the deficiency due on the second mortgage note together with other sums plaintiffs contended defendants were obligated to pay because of their assumption of the first mortgage...

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