LOUIS MOSSI AND MARY PEARL MOSSI, HIS WIFE, AND FRANCO RUOCCO AND ALICE RUOCCO, HIS WIFE, APPELLANTS,
v.
FERNANDO FUENZALIDA AND ADRIANA FUENZALIDA, HIS WIFE, APPELLEES

Fla. 3d DCA | 1982-11-16
No. 82-373
Before HENDRY, BASKIN and FERGUSON, JJ.
422 So. 2d 971 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is from a judgment for the defendants in a foreclosure action.

If the record contains any competent and substantial evidence which will support the trial judge’s conclusion, that conclusion will not be disturbed on appeal. Camacho Enterprises, Inc. v. Better Construction, Inc., 343 So. 2d 1296 (Fla. 3d DCA 1977); Peacock v. Carver, 315 So. 2d 214 (Fla. 1st DCA 1975). If the trial court chose to believe the mortgagors’ testimony that they attempted to make a timely payment of interest on the mortgage but were thwarted by the mortgagee, then, applying equity principles, the court could have refused to foreclose the mortgage on an accelerated basis. Campbell v. Werner, 232 So. 2d 252 (Fla. 3d DCA 1970).

Affirmed.

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  • Renelt v. Kline, 458 So. 2d 401 (Fla. 1st DCA 1984)
    …PER CURIAM. AFFIRMED. See Delgado v. Strong, 360 So. 2d 73 (Fla.1978); Mossi v. Fuenzalida, 422 So. 2d 971 (Fla. 3d DCA 1982); and Campbell v. Werner, 232 So. 2d 252 (Fla. 3d DCA 1970). JOANOS, WIGGINTON and BAR-FIELD, JJ., concur.…
  • Sabates Optical Servs., Inc. v. Intercontinental Grp., Inc., 451 So. 2d 929 (Fla. 3d DCA 1984)
    …PER CURIAM. Affirmed. See Hollywood, Inc. v. City of Hollywood, 321 So. 2d 65 (Fla.1975); Spears v. West Coast Builders’ Supply Co., 101 Fla. 980, 133 So. 97 (1931); Mossi v. Fuenzalida, 422 So. 2d 971 (Fla. 3d DCA 1982); Southeast Aluminum Supply Corp. v. Plastics North American, Inc., 413 So. 2d 440 (Fla. 3d DCA 1982).…

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