HARRIS v. WALBRIDGE

No. BH-27.

488 So.2d 881 (1986)

William E. HARRIS, Appellant, v. S. Starr WALBRIDGE, Dorothy H. Walbridge, Michael W. Brown, Appellees.

District Court of Appeal of Florida, First District.

May 14, 1986.


Attorney(s) appearing for the Case

Rowlett W. Bryant of Bryant, Higby & Williams, Panama City, for appellant.

Patrick J. Faucheux of Urquhart, Pittman, Stone & Faucheux, P.A., Panama City, for appellee Michael W. Brown.


WIGGINTON, Judge.

This appeal is from a final summary judgment directing the clerk of the circuit court to cancel and strike from the official records the mortgage from the Walbridges to appellant, Harris.

The specific issue posed for our consideration is whether a husband and wife, who admittedly executed a note and mortgage, can collaterally attack the authenticity of the mortgage acknowledgment in the absence of fraud or duress. We hold they cannot and...

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