MERRILL v. NUZUM

No. 84-1401.

471 So.2d 128 (1985)

Toby W. MERRILL, Appellant, v. Russell K. NUZUM, III, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 10, 1985.


Attorney(s) appearing for the Case

Morales, Rudolph & Hevia, Squire, Sanders & Dempsey and Kenneth L. Ryskamp, Miami, for appellant.

Harold C. Knecht, Jr., Coral Gables, and Debra Levy Neimark, Miami, for appellee.

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


DANIEL S. PEARSON, Judge.

We reverse the final judgment entered in favor of the appellee on his petition for the determination of a deficiency following a mortgage foreclosure sale. We hold that the amount of the deficiency was an unliquidated amount and that, therefore, despite the appellant's default in the foreclosure action, she was entitled to notice of the trial to determine the deficiency; that the notice given to the appellant of the trial to determine the...

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