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MILLETT v. PEREZ

No. 81-2349.

418 So.2d 1067 (1982)

Ray E. MILLETT, Jr., Appellant, v. Demetrio PEREZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 24, 1982.

Attorney(s) appearing for the Case

Brian M. Mark, Ronald Silver, Miami, for appellant.

Maurice Rosen, North Miami Beach, for appellee.

Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.

PER CURIAM.

Since Perez was in default under the mortgage by failing to pay property taxes for four successive years, Millett, by the filing of a foreclosure action, exercised his option to accelerate the mortgage debt before any tender of the amounts due under the mortgage, that is, the amounts which Millett paid to redeem the tax certificates. Kreiss Potassium Phosphate Company v. Knight, 98 Fla. 1004, 124 So. 751 (1929); Corlett v. Wood, 81 Fla. 510...

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