GENERAL MOTORS ACCEPTANCE CORP. v. MARLAR

No. 84-3039.

761 F.2d 1517 (1985)

GENERAL MOTORS ACCEPTANCE CORPORATION, a New York Corporation, Plaintiff-Appellee, Cross-Appellant, v. John A. MARLAR, a Florida citizen and Marlar Chevrolet-Oldsmobile, Inc., a Florida Corporation, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 4, 1985.


Attorney(s) appearing for the Case

Daniel S. Dearing, Dearing & Smith, Tallahassee, Fla., for defendants-appellants, defendants-cross-appellees.

Jean Laramore, Laramore & Clark, P.A., George Steven Pfeiffer, Joseph C. Jacobs, Melissa Fletcher Allaman, Ervins, Varn, Jacobs, Odom & Kitchen, Tallahassee, Fla., for plaintiff-appellee, plaintiff-cross-appellant.

Before RONEY and CLARK, Circuit Judges, and SIMPSON, Senior Circuit Judge.


SIMPSON, Senior Circuit Judge:

General Motors Acceptance Corporation (GMAC) filed a diversity action against John A. "Billy" Marlar to foreclose a mortgage that he had given on real property in Gadsden County, Florida, to secure a debt incurred by him as the maker of a simultaneously executed note dated September 5, 1978. Marlar admitted execution but denied liability alleging, inter alia, that the note and the mortgage had been satisfied by the execution of...

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