TERRY v. JOHNSON

No. BO-337.

513 So.2d 1315 (1987)

J.A. TERRY, Brian A. Terry, Keith A. Terry, and Wanda A. Terry D/B/a Terry and Sons, Appellants/Cross-Appellees, v. James Donald JOHNSON, Bobby J. Johnson and Mary Lang Johnson, Appellees/Cross-Appellants,

District Court of Appeal of Florida, First District.

Rehearing Denied November 3, 1987.


Attorney(s) appearing for the Case

Marlin M. Feagle, Lake City, for appellants/cross-appellees.

Edwin B. Browning, Jr. and Frederick T. Reeves of Davis, Browning, Hardee & Schnitker, Madison, for appellees/cross-appellants.


FRANK, Associate Judge.

This dispute arises out of a contract for the sale of real property. The contract was not fulfilled and the Terrys, the sellers, sued the Johnsons for its breach. The trial court dismissed the complaint with finality correctly determining that the underlying document was in the nature of a mortgage or security instrument within the meaning of section 697.01, Florida Statutes (1985), thus requiring a foreclosure proceeding to accomplish its...

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