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RICHMOND v. STOCKTON, WHATLEY, DAVIN & CO.

No. 83-188.

430 So.2d 571 (1983)

Paul RICHMOND, Appellant, v. STOCKTON, WHATLEY, DAVIN & COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

May 3, 1983.

Attorney(s) appearing for the Case

Lapidus & Stettin and Richard Lapidus, Miami, for appellant.

Horton, Perse & Ginsberg and Mallory Horton, Miami, for appellee.

Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

Stockton, Whatley, Davin & Company instituted an action to foreclose a mortgage. Among the multiple defendants was Paul Richmond, who in his answer and by way of a counterclaim for foreclosure alleged that the Stockton mortgage was inferior to a mortgage Richmond held on the same property. Richmond alleged that at the time Stockton executed its mortgage it had actual notice of the prior Richmond mortgage. Richmond further alleged that his mortgage...

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