BRADY v. EDGAR

No. 81-1259.

415 So.2d 141 (1982)

Richard A. BRADY, Appellant, v. Franklin Victor EDGAR and Daphne W. Edgar, His Wife, Appellees.

District Court of Appeal of Florida, Fifth District.

June 16, 1982.


Attorney(s) appearing for the Case

Ronald W. Sikes of Studstill, Vance & Sikes, Titusville, for appellant.

Thomas E. Thoburn, Cocoa, for appellees.


COWART, Judge.

This appeal challenges the trial court's denial of acceleration by the mortgagees in a foreclosure.

On the facts of the case we find no abuse in the exercise of the trial court's discretion to deny acceleration and foreclosure where the security was not impaired, notwithstanding that the trial court found the mortgagors in default for failure to maintain hazard insurance and to timely pay real estate taxes. However, we reverse that provision...

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