NORWEST BANK OWATONNA, N.A. v. MILLARD

No. 87-1602.

522 So.2d 546 (1988)

NORWEST BANK OWATONNA, N.A., Appellant, v. James Delmar MILLARD, Appellee.

District Court of Appeal of Florida, Fourth District.

March 30, 1988.


Attorney(s) appearing for the Case

Jonathan L. Gaines of Valdes-Fauli, Cobb & Petrey, P.A., Miami, for appellant.

No appearance for appellee.


DOWNEY, Judge.

Appellant, Norwest, was awarded a final judgment of foreclosure in the amount of $233,943.62 inclusive of principal, interest, attorney's fees and costs. Upon motion for a deficiency decree, Norwest adduced uncontradicted evidence that the fair market value of the property was $64,000 and prayed for a deficiency of $161,931.63. However, the trial court granted a deficiency of only $47,210.43 and Norwest appealed.

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