TOBY W. MERRILL, APPELLANT,
v.
RUSSELL K. NUZUM, III, APPELLEE
TOBY W. MERRILL, APPELLANT,
RUSSELL K. NUZUM, III, APPELLEE
471 So. 2d 128
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 19 cases
Opinion of the Court
. Our decision makes it unnecessary to decide appellant’s other claim that the deficiency judgment improperly includes the cost of certain items. Because appellant has never been heard on this issue in the trial court, we assume that appellant’s participation will aid the trial court in resolving this dispute correctly.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ellis E. Neder, Jr. v. Greyhound Fin. Corp., 592 So. 2d 1218 (Fla. 1st DCA 1992)…was essentially a proceeding to recover indebtedness remaining after a foreclosure sale. The amount of the successful sale bid does not render the amount of the deficiency liquidated, since other evidence of value may be received. Merrill v. Nuzum, 471 So. 2d 128 (Fla. 3d DCA 1985). We also note that recovery against Neder was based upon alleged fraud and that nowhere in the complaint or pleadings was the amount of damages set out. If on remand the trial court determines that the default judgment should stan…
-
Cmty. Bank OF Homestead v. Valois, 570 So. 2d 300 (Fla. 3d DCA 1990)…ting). The majority opinion conflicts with this court’s opinions in S/D Enterprises, Inc. v. Chase Manhattan Bank, 374 So. 2d 1121 (Fla. 3d DCA 1979), Fara Mfg. Co. v. First Fed. S & L Ass’n, 366 So. 2d 164 (Fla. 3d DCA 1979), and Merrill v. Nuzum, 471 So. 2d 128 (Fla. 3d DCA 1985), the first district’s recent opinion in Thunderbird Ltd. v. Great Am. Ins. Co., 566 So. 2d 1296 (Fla. 1st DCA 1990), the fifth district’s opinion in Flagship State Bank v. Drew Equip. Co., 392 So. 2d 609 (Fla. 5th DCA 1981), and t…1 / 2
-
First Union Nat'l Bank OF Fla. v. Goodwin Beach P'ship, 644 So. 2d 1361 (Fla. 5th DCA 1994)…2d 300 (Fla. 3d DCA 1990). The selling price of the property to D.D.I., Inc. shortly after the foreclosure sale is evidence of the property’s fair market value. However, the trial court did not have to accept it as determinative. Merrill v. Nuzum, 471 So. 2d 128 (Fla. 3d DCA 1985). Fair market value is defined for such purpose as “the amount that would be paid for the property to a willing seller, not compelled to sell, by a willing buyer, considering all reasonable uses to which the property is adapted.” S…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heritage Casket & Vault IND., Inc. v. Sunshine Bank, 428 So. 2d 341 (Fla. 1st DCA 1983)