CHIDNESE v. McCOLLEM

No. 95-3763.

695 So.2d 936 (1997)

Patrick N. CHIDNESE, Appellant, v. Mark R. McCOLLEM; Kevin J. D'Espies; Kimberly D'Espies; and McCollem and D'Espies, P.A., a Florida professional association, Appellees.

District Court of Appeal of Florida, Fourth District.

July 2, 1997.


Attorney(s) appearing for the Case

G. Bart Billbrough of Walton Lantaff Schroeder & Carson, Miami, for appellant.

Emilie M. Tracy of Emilie M. Tracy, P.A., Fort Lauderdale, for Appellee Mark R. McCollem.

Kevin J. D'Espies of Kevin J. D'Espies, P.A., Fort Lauderdale, for Appellees Kevin J. D'Espies and Kimberly S. D'Espies.


WARNER, Judge.

In granting foreclosure of a mortgage, the trial court denied any claim for a deficiency judgment even prior to the sale of the property. We hold that it was error to decide that the appellant was not entitled to a deficiency decree in advance of the sale of the property at foreclosure.

Appellant and appellees were law partners but had dissolved their association. Prior to this action, the parties had been involved in litigation to dissolve...

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