LOUISE PARHAM, APPELLANT,
v.
LIBERTY BUILDERS, INC., WESTINGHOUSE CREDIT CORPORATION, ET AL., APPELLEES

Fla. 5th DCA | 1980-06-18
No. 78-1564/NT4-87
DOWNEY, JAMES C., BERANEK, JOHN R., and HURLEY, DANIEL T. K., Associate Judges, concur.
385 So. 2d 130 Florida District Court of Appeal, Fifth District (1980)

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Holding

The trial court's granting of a directed verdict for the defendant was warranted and proper.


Facts & Procedural History

Plaintiff sued to cancel a mortgage, and the defendant counterclaimed to foreclose. After the plaintiff presented her case, the trial court granted th…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Louise Parham was the plaintiff/counter-defendant in the trial court where she sued to cancel a mortgage. Westinghouse Credit Corporation answered and defended on the theory that it was a holder in due course; it also counterclaimed to foreclose the mortgage. The case was tried before the court sitting without a jury and after the completion of plaintiff’s case, the court granted defendant’s motion for directed verdict and thereafter entered judgment for the defendant upon its counterclaim.

With due consideration for the rules governing the granting of a motion for directed verdict,1 we conclude the trial court’s action was warranted and proper. Appellant having failed to demonstrate reversible error,2 the judgment below is AFFIRMED.

DOWNEY, JAMES C., BERANEK, JOHN R., and HURLEY, DANIEL T. K., Associate Judges, concur. . Tiny’s Liquors, Inc. v. Davis, 353 So. 2d 168 (Fla. 3d DCA 1978).

. On appeal, the extraordinary allegation is made that appellant was coerced into signing a blank mortgage. It is stated her husband fell on the floor with a heart attack while she was in the process of signing the papers but that she signed them anyway in order to go take care of him. We have read the trial transcript and there simply was no testimony presented supporting this rather bizarre allegation.


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