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COOPER SMITH PROP., LTD. v. FLOWER'S BAKING CO.

No. 82-1331.

432 So.2d 683 (1983)

COOPER SMITH PROPERTIES, LTD., Appellant, v. FLOWER'S BAKING CO. OF FLORIDA, INC., etc., James W. Dugan and A.P. Henderson, Appellees.

District Court of Appeal of Florida, Fifth District.

June 2, 1983.

Attorney(s) appearing for the Case

David A. Monaco of Cobb & Cole, P.A., Daytona Beach, for appellant.

John R. Godbee, Jr. of Coble, McKinnon, Rothert, Barkin, Clayton Vukelja & Godbee, P.A., and Horace Smith, Jr. of Dunn, Smith & Withers, P.A., Daytona Beach, for appellees.

ORFINGER, Chief Judge.

The order of the trial court determining that the mortgagor was required to deposit with the Clerk a sum greater than the amount which the final judgment of foreclosure found to be due in order to redeem his property from that judgment, was error. A mortgagor attempting to redeem should not be required to pay any amount in excess of what the final judgment of foreclosure determines to be due. Blue...

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