HOBBS v. FLORIDA FIRST NAT. BANK

No. BI-159.

480 So.2d 153 (1985)

C.A. HOBBS, Jr., Lauryce G. Hobbs, and C.A. Hobbs, Jr., Inc., a Florida Corporation, Appellants, v. FLORIDA FIRST NATIONAL BANK OF JACKSONVILLE, Appellee.

District Court of Appeal of Florida, First District.

December 16, 1985.


Attorney(s) appearing for the Case

Hugh A. Carithers, Jr., and Jack G. Hand, Jr. of Cooke, Hand, Carithers & Showalter, P.A., Jacksonville, for appellants.

Wesley L. Wallace of Kent, Watts & Durden, Jacksonville, for appellee.


SMITH, Judge.

In their petition for writ of certiorari, petitioners seek review of an order setting this action for a non-jury trial. We hold that the trial court departed from the essential requirements of law in ruling that petitioners, endorsers of a mortgage note who were joined as parties to the action to foreclose the mortgage securing payment of the note, were not entitled to a jury trial on the legal issues raised in the subsequent deficiency proceeding.<...

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